Rushton Equipment Company, and Clarence Edward Morse, Appellants, v. Christine Vasilion, Appellee, 330 F.2d 896 (5th Cir. 1964)

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US Court of Appeals for the Fifth Circuit - 330 F.2d 896 (5th Cir. 1964) April 15, 1964

White E. Gibson, Jr., Birmingham, Ala., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel, for appellants.

Neal C. Newell, Birmingham, Ala., Hare, Wynn, Newell & Newton, Birmingham, Ala., of counsel, for appellee.

Bibb Allen, Birmingham, Ala., London, Yancey, Clark & Allen, Birmingham, Ala., of counsel, for intervenor.

Before RIVES and JONES, Circuit Judges, and BOOTLE, District Judge.


The sole question is whether there was such substantial evidence that the defendant "wantonly injured the plaintiff" as to justify the submission of that issue to the jury. We agree with the district court that there was. See Roberts v. McCall, 1944, 245 Ala. 359, 17 So. 2d 159; Godfrey v. Vinson, 1926, 215 Ala. 166, 110 So. 13.


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