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SHELTON v. JONES

No. 9651.

356 F.2d 426 (1966)

Nellie May SHELTON, also known as Nellie Mae Shelton, Appellant, v. Charles Thomas JONES and Lemon Jacob Bennett, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 26, 1966.

Attorney(s) appearing for the Case

William G. Anderson, Roanoke, Va., for appellant.

James C. Turk, Radford, Va. (John N. Dalton and Dalton, Poff & Turk, Radford, Va., on brief), for appellee Charles Thomas Jones.

A. Linwood Holton, Jr., Roanoke, Va. (Eggleston, Holton, Butler & Glenn, Roanoke, Va., on brief), for appellee Lemon Jacob Bennett.

Before HAYNSWORTH, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.

HAYNSWORTH, Chief Judge.

Deeming the evidence insufficient to support a verdict for the plaintiff, the District Court entered a judgment for the two defendant-motorists after a jury was unable to agree upon a verdict. The plaintiff has appealed, contending that a jury issue was created.

In darkness and freezing weather the plaintiff, Miss Shelton, was traveling east on Route 11 in Virginia. There had been an earlier snow and the roadway was wet in places,...

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