Ervin Jupiter and Edward Levy Metals, Inc. v. United States

Fifth Circuit

Ervin Jupiter and Edward Levy Metals, Inc. v. United States

287 F.2d 388, 1961 U.S. App. LEXIS 5222

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 24, 1961

Docket18622_1

StatusPublished

Cited by4 cases

This text of 287 F.2d 388 (Ervin Jupiter and Edward Levy Metals, Inc. v. United States) 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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Ervin Jupiter and Edward Levy Metals, Inc. v. United States, 287 F.2d 388, 1961 U.S. App. LEXIS 5222 (5th Cir. 1961).

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Opinion

PER CURIAM.

This appeal in a federal tort claims action presents only issues of fact. The record discloses that there was ample evidence to support the finding of the trial court that the appellant Jupiter was guilty of contributory negligence and that such contributory negligence continued to the occurrence of the mishap which produced the injury from which he suffered. See Jupiter v. United States, D.C., 181 F.Supp. 294.

Although the strict application of the contributory negligence doctrine works a hardship on tort claim litigants in Alabama in contrast to other states where the rule of comparative negligence applies, we are bound to apply the law of the pláce of injury in such a case.

The judgment must be affirmed.

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PER CURIAM.

This appeal in a federal tort claims action presents only issues of fact. The record discloses that there was ample evidence to support the finding of the trial court that the appellant Jupiter was guilty of contributory negligence and that such contributory negligence continued to the occurrence of the mishap which produced the injury from which he suffered. See Jupiter v. United States, D.C., 181 F.Supp. 294.

Although the strict application of the contributory negligence doctrine works a hardship on tort claim litigants in Alabama in contrast to other states where the rule of comparative negligence applies, we are bound to apply the law of the pláce of injury in such a case.

The judgment must be affirmed.

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287 F.2d 388, 1961 U.S. App. LEXIS 5222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ervin-jupiter-and-edward-levy-metals-inc-v-united-states-ca5-1961.

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