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Paxton Trucking Company v. Cudahy Packing Co.

United States Court of Appeals, Ninth Circuit
Apr 17, 1968
392 F.2d 661 (9th Cir. 1968)

Opinion

No. 21652.

April 17, 1968.

David Hagen (argued) of Guild, Guild Cunningham, Reno, Nev., for appellant.

James A. Callahan (argued), Winnemucca, Nev., Peter Echeverria (argued), Reno, Nev., for appellee.

Before MADDEN, Judge of the Court of Claims, and MERRILL and BROWNING, Circuit Judges.


With jurisdiction founded on diversity of citizenship, appellee has brought suit 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.


Summaries of

Paxton Trucking Company v. Cudahy Packing Co.

United States Court of Appeals, Ninth Circuit
Apr 17, 1968
392 F.2d 661 (9th Cir. 1968)
Case details for

Paxton Trucking Company v. Cudahy Packing Co.

Case Details

Full title:PAXTON TRUCKING COMPANY, a corporation, and William Earl Bailey…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 17, 1968

Citations

392 F.2d 661 (9th Cir. 1968)