McDONALD v. FOREMOST DAIRIES

No. 13592.

192 F.2d 306 (1951)

McDONALD v. FOREMOST DAIRIES, Inc.

United States Court of Appeals Fifth Circuit.

November 20, 1951.


Attorney(s) appearing for the Case

R. Guy Carter, Dallas, Tex., for appellant.

Lucian Touchstone, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and STRUM, Circuit Judges.


STRUM, Circuit Judge.

Appellant, as plaintiff below, sued to recover damages for personal injuries sustained by him when his automobile was overturned as a result, so he alleges, of the negligent operation of defendant's delivery truck. Defendant denies negligence on its part, and charges that plaintiff's contributory negligence was the sole proximate cause of his injuries. At the close of all the evidence, the trial judge granted defendant's motion for a directed...

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