Barbara Brammer and David Brammer v. Arrow Lines, Inc., a Corporation

Fourth Circuit

Barbara Brammer and David Brammer v. Arrow Lines, Inc., a Corporation

422 F.2d 398, 1970 U.S. App. LEXIS 10432

Court of Appeals for the Fourth Circuit·Decided March 5, 1970·No. 13706_1·Published

Opinion

PER CURIAM.

In this diversity action, arising from a motor vehicle collision, we think that the issue of plaintiff’s contributory negligence was under applicable law a question solely for the jury. The jury exonerated plaintiff. The district judge’s determination that the deceased truck driver was the agent or servant of the corporate defendant was neither factually erroneous nor legally incorrect. Plaintiffs’ recovery was not excessive. The charge to the jury was not excepted to in the regard complained of now, and contained no manifest error.

Affirmed.

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PER CURIAM.

In this diversity action, arising from a motor vehicle collision, we think that the issue of plaintiff’s contributory negligence was under applicable law a question solely for the jury. The jury exonerated plaintiff. The district judge’s determination that the deceased truck driver was the agent or servant of the corporate defendant was neither factually erroneous nor legally incorrect. Plaintiffs’ recovery was not excessive. The charge to the jury was not excepted to in the regard complained of now, and contained no manifest error.

Affirmed.

Barbara Brammer and David Brammer v. Arrow Lines, Inc., a Corporation, 422 F.2d 398, 1970 U.S. App. LEXIS 10432 (4th Cir. 1970).

Pincite

422 F.2d 398 (Barbara Brammer and David Brammer v. Arrow Lines, Inc., a Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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