Henry Sowards v. United States

Ninth Circuit

Henry Sowards v. United States

411 F.2d 787, 1969 U.S. App. LEXIS 12323

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 20, 1969

Docket22695_1

StatusPublished

This text of 411 F.2d 787 (Henry Sowards v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henry Sowards v. United States, 411 F.2d 787, 1969 U.S. App. LEXIS 12323 (9th Cir. 1969).

Pincite

Opinion

ORDER FOR REMAND

PER CURIAM:

This is an appeal on a judgment against plaintiff on a Federal Tort Claims action.

In the nature of things, a negligence determination is traditionally not to be the subject of many seriatim findings of fact.

But in this case, the trial judge must have found one of the following:

1. The plaintiff sustained no injury in the collision.

2. The plaintiff sustained injuries but the injuries left no consequences, no damages.

3. The plaintiff sustained damages at about the time of the collision or thereafter, but the damages were not the proximate result of the collision.

*788 We believe the plaintiff should know on which horn he was caught. And, we find it most difficult ourselves to review the case without knowing which conclusion the trial court reached.

Accordingly, the case is remanded to the district court. It is suggested the judgment and findings and conclusions be vacated and new ones entered.

On a new appeal, the old record and briefs may be used so far as desired, either upon a stipulation or on motion.

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