Donna Alyne Sierra, a Minor, by and Through Richard Sierra, Her Stepfather and Next Friend, and Richard Sierra, Individually v. Susan Pizaro

Fifth Circuit

Donna Alyne Sierra, a Minor, by and Through Richard Sierra, Her Stepfather and Next Friend, and Richard Sierra, Individually v. Susan Pizaro

237 F.2d 715

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 2, 1956

Docket16051_1

StatusPublished

This text of 237 F.2d 715 (Donna Alyne Sierra, a Minor, by and Through Richard Sierra, Her Stepfather and Next Friend, and Richard Sierra, Individually v. Susan Pizaro) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Donna Alyne Sierra, a Minor, by and Through Richard Sierra, Her Stepfather and Next Friend, and Richard Sierra, Individually v. Susan Pizaro, 237 F.2d 715 (5th Cir. 1956).

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Opinion

PER CURIAM.

Appealing from a judgment based on a jury verdict for the defendant in a personal injury action, the appellant urges: 1. That the district court erred in instructing the jury that the Florida statute F.S.A. § 317.40(2), provides, “When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right”; and 2. That the court erred in not directing a verdict in favor of the plaintiff. The first insistence is based on the appellant’s assumption that the evidence discloses to a certainty that the appellant’s car was the first to enter the intersection, with which assumption we do not agree. On the second insistence likewise, we think that the evidence clearly presented a case requiring submission to the jury. The judgment is therefore

Affirmed.

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PER CURIAM.

Appealing from a judgment based on a jury verdict for the defendant in a personal injury action, the appellant urges: 1. That the district court erred in instructing the jury that the Florida statute F.S.A. § 317.40(2), provides, “When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right”; and 2. That the court erred in not directing a verdict in favor of the plaintiff. The first insistence is based on the appellant’s assumption that the evidence discloses to a certainty that the appellant’s car was the first to enter the intersection, with which assumption we do not agree. On the second insistence likewise, we think that the evidence clearly presented a case requiring submission to the jury. The judgment is therefore

Affirmed.

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