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WENDELKEN v. McMURRAY

No. 24604.

388 F.2d 553 (1967)

Henry WENDELKEN, Appellant, v. John K. McMURRAY, by his Conservator, Mrs. John K. McMurray, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 30, 1968.

Attorney(s) appearing for the Case

David Cottrell, Jr., Eaton, Cottrell, Galloway & Lang, Gulfport, Miss., for appellant.

Louis Fondren, Moss Point, Miss., for appellee.

Before RIVES and GODBOLD, Circuit Judges, and HUGHES, District Judge.

Rehearing En Banc Denied January 30, 1968.

GODBOLD, Circuit Judge:

This is an appeal from a substantial judgment for the plaintiff in a non-jury trial, for injuries received in a two-car automobile collision. We reverse because the evidence conclusively shows that the defendant was guilty of no negligence causing or contributing to plaintiff's injuries. Both plaintiff and defendant are victims of the misconduct of a drunken pedestrian.

The defendant...

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