Paxton Trucking Company, a Corporation, and William Earl Bailey v. The Cudahy Packing Company

Ninth Circuit

Paxton Trucking Company, a Corporation, and William Earl Bailey v. The Cudahy Packing Company

392 F.2d 661, 1968 U.S. App. LEXIS 7290

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 17, 1968

Docket21652

StatusPublished

This text of 392 F.2d 661 (Paxton Trucking Company, a Corporation, and William Earl Bailey v. The Cudahy Packing Company) 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.

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Paxton Trucking Company, a Corporation, and William Earl Bailey v. The Cudahy Packing Company, 392 F.2d 661, 1968 U.S. App. LEXIS 7290 (9th Cir. 1968).

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Opinion

PER CURIAM.

With jurisdiction founded on diversity of citizenship, appellee has brought suit *662 for property damage resulting from a collision between motor vehicles of the parties on U. S. Highway 40, near Winnemucca, Nevada.

The appeal challenges findings of the District Court following bench trial to the effect that appellant was guilty of negligence which was the proximate cause of the accident and that appellee was not guilty of contributory negligence.

We conclude, first, that neither issue, under the facts, was susceptible of determination as matter of law, but that determination was for the court as finder of the facts; second that in no respect can its findings be said to be clearly erroneous.

Affirmed.

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PER CURIAM.

With jurisdiction founded on diversity of citizenship, appellee has brought suit *662 for property damage resulting from a collision between motor vehicles of the parties on U. S. Highway 40, near Winnemucca, Nevada.

The appeal challenges findings of the District Court following bench trial to the effect that appellant was guilty of negligence which was the proximate cause of the accident and that appellee was not guilty of contributory negligence.

We conclude, first, that neither issue, under the facts, was susceptible of determination as matter of law, but that determination was for the court as finder of the facts; second that in no respect can its findings be said to be clearly erroneous.

Affirmed.

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Bluebook (online)

392 F.2d 661, 1968 U.S. App. LEXIS 7290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paxton-trucking-company-a-corporation-and-william-earl-bailey-v-the-ca9-1968.