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JONES v. CITY OF COLUMBUS

No. 10516.

134 F.2d 464 (1943)

JONES v. CITY OF COLUMBUS, MISS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 11, 1943.

Attorney(s) appearing for the Case

Jas. A. Cunningham, of Booneville, Miss., and William P. Stribling, of Columbus, Miss., for appellant.

John F. Frierson, of Columbus, Miss., and Thos. Fite Paine, of Aberdeen, Miss., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This is an action by appellant to recover damages for personal injuries sustained by her while a pedestrian on a public sidewalk in the City of Columbus, Mississippi. On the trial below, at the close of the plaintiff's testimony, the court gave a peremptory instruction to the jury to find a verdict for the defendant. This appeal challenges the correctness of that ruling.

The evidence shows that the accident occurred after dark at a place...

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