Joseph E. Welton v. Jimmy Charles Wise

First Circuit

Joseph E. Welton v. Jimmy Charles Wise

264 F.2d 494, 1959 U.S. App. LEXIS 4218

CourtCourt of Appeals for the First Circuit

DecidedMarch 17, 1959

Docket5350

StatusPublished

This text of 264 F.2d 494 (Joseph E. Welton v. Jimmy Charles Wise) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joseph E. Welton v. Jimmy Charles Wise, 264 F.2d 494, 1959 U.S. App. LEXIS 4218 (1st Cir. 1959).

Pincite

Opinion

PER CURIAM.

This case, involving an ordinary automobile accident, was commenced in the insular courts and removed to the United States District Court for the District of Puerto Rico. It was in evidence that the plaintiffs’ car, driven by Hildegarde Wiedenroth Wise, was proceeding along a public highway near Aguadilla, Puerto Rico, when she had occasion to turn off the highway on a rather narrow private road on the right. To give warning of an impending right turn, she put on her direction signal. In order to turn into the private road, she first had to swing her car slightly to the left, before turning to the right. When the front of her car had about entered the private road, the car was struck broadside on the right rear by an automobile, coming from behind, driven by the defendant Welton.

The case was tried by the judge without a jury. He made findings of fact to the effect that Welton’s negligence was the sole proximate cause of the accident, and that Mrs. Wise had not been contributorily negligent, as alleged. Judg *495 ment was entered for the plaintiffs, this record we cannot possibly set aside the judge’s findings as being “clearly erroneous”. On

A judgment will be entered affirming the judgment of the District Court.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This case, involving an ordinary automobile accident, was commenced in the insular courts and removed to the United States District Court for the District of Puerto Rico. It was in evidence that the plaintiffs’ car, driven by Hildegarde Wiedenroth Wise, was proceeding along a public highway near Aguadilla, Puerto Rico, when she had occasion to turn off the highway on a rather narrow private road on the right. To give warning of an impending right turn, she put on her direction signal. In order to turn into the private road, she first had to swing her car slightly to the left, before turning to the right. When the front of her car had about entered the private road, the car was struck broadside on the right rear by an automobile, coming from behind, driven by the defendant Welton.

The case was tried by the judge without a jury. He made findings of fact to the effect that Welton’s negligence was the sole proximate cause of the accident, and that Mrs. Wise had not been contributorily negligent, as alleged. Judg *495 ment was entered for the plaintiffs, this record we cannot possibly set aside the judge’s findings as being “clearly erroneous”. On

A judgment will be entered affirming the judgment of the District Court.

Cite This Page — Counsel Stack

Bluebook (online)

264 F.2d 494, 1959 U.S. App. LEXIS 4218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-e-welton-v-jimmy-charles-wise-ca1-1959.