PUGH v. S. C. HUTCHINSON CO., INC.

Nos. 77-1690, 77-1691 Summary Calendar.

565 F.2d 375 (1978)

Gerald PUGH, Plaintiff-Appellant, v. S. C. HUTCHINSON CO., INC., Defendant-Appellee. Mack A. BROWN, Plaintiff-Appellant, v. S. C. HUTCHINSON CO., INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1978.


Attorney(s) appearing for the Case

William S. Lawson, Tupelo, Miss., for plaintiffs-appellants.

Fred M. Bush, Jr., William C. Murphree, Tupelo, Miss., for defendant-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.


PER CURIAM:

This diversity case involves a car-truck accident. The plaintiffs, Brown and Pugh, are the driver and passenger of a car that struck the defendant Hutchinson's parked truck. According to the evidence adduced at trial, Hutchinson was driving east on Highway 78 when suddenly and unexpectedly his headlights failed. Hutchinson immediately pulled to the side of the highway. Before Hutchinson could place warning flares on the highway as required by Section 63...

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