Traders & General Insurance Company v. Wiley N. McClary

241 F.2d 462

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 21, 1957
• Docket: 16353_1
• Status: Published

Opinion

PER CTJRIAM.

This appeal is from a judgment in favor of plai tiff, injured when his truck skidded out f control on a road made slick by oil sp led from another truck, turned over, a d rolled down an embankment. The o ly contentions on appeal are: (1) that the evidence was not sufficient to justif the jury's finding that the oil was spiled by appellant's assured; and (2) th4tt the verdict was excessive. Both cont~ntions, purely factual, are so clearly `~,ithout foundatiQn on the present recor4 as to call for no discussion. We are 1ot~ however, satisfied that the appeal w~s "sued out merely for delay" so as tol call for the award of damages under P~ragraph 2 of Rule 30 of this Court, 28 U.S.C.A.

The judgment is tl~ierefore

Affirmed.