BENBOW v. WOLF

No. 13347.

217 F.2d 203 (1954)

BENBOW v. WOLF. WOLF v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

June 30, 1954.


Attorney(s) appearing for the Case

Bauder, Gilbert, Thompson & Kelly, H. T. Ellerby, Los Angeles, Cal., for appellant Benbow.

Frye & Yudelson, North Hollywood, Cal., for appellant Wolf.

Laughlin E. Waters, U. S. Atty., Clyde C. Downing, Reuben Rosensweig, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before STEPHENS and FEE, Circuit Judges, and McCORMICK, District Judge.


JAMES ALGER FEE, Circuit Judge.

An action was brought on behalf of a six year old minor named Wolf on the claim that personal injuries were sustained when a government mail truck driven by Benbow, employed as a mail carrier, negligently struck him. The United States, as the employer of the carrier, was also made defendant. Issues were joined by both defendants.

The question of the liability of the individual defendant was segregated and tried before a jury...

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