Smith v. Gay

SOPER, Circuit Judge.

Lelia M. Smith and her fifteen year old daughter, Bonnie Sue Smith, were injured on December 28, 1948, at 8 P. M., when the Ford car in which they were riding on a three-lane highway near Kernstown, Virginia, was struck from behind by a truck, loaded with chickens, which belonged to Shelton M. Gay, and was driven by Herod Mathias. Two suits, one for each of the injured persons, were brought against Gay and Mathias for the negligent driving of the truck, and' were tried together. The jury found a verdict for the daughter in the sum of $925; and, since they had been…