SMITH v. GREYHOUND LINES, INC.

No. 9402.

382 F.2d 190 (1967)

T. D. SMITH, Appellant, v. GREYHOUND LINES, INC., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

August 17, 1967.


Attorney(s) appearing for the Case

Richard E. Ransom, of Smith & Ransom, Albuquerque, N. M., for appellant.

A. H. McLeod, Albuquerque, N. M. (W. A. Keleher and Russell Moore, Albuquerque, N. M., on the brief), for appellee.

WILBUR K. MILLER, Senior Circuit Judge, and BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellant, who was plaintiff in the trial court, appeals from a judgment in favor of appellee-defendant, entered pursuant to a jury verdict. The sole question presented goes to the correctness of a jury instruction.

The facts alleged to support a diversity cause of action in tort are as follows: Smith, a citizen of New Mexico, on June 5, 1965, was riding as a fare paying passenger on a bus operated by Greyhound Lines, Inc., a California...

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