Liberty Baking Co. v. Kellum

By Circuit Court of Appeals, Third Circuit

Release Date: 1935-11-07
Genre: Law

Book Synopsis

Order sur Petition for Rehearing. In the opinion of this court filed on September 30, 1935, in the above-entitled cause, the statement was made that: ""The jury found that Bashore, driver of the automobile, was not negligent, that there was no ""concurring"" negligence between him and the Liberty Baking Company, but that the Liberty Baking Company was solely negligent and its negligence caused the accident. There was, therefore, no negligence of Bashore to be imputed to the deceased."" This was a misstatement of fact, as indeed the opinion also states that ""the jury returned a verdict for $5,000 against both defendants.""

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