ROGERS v. SAEGER

No. 5554.

247 F.2d 758 (1957)

Odus H. ROGERS, Appellant, v. Helene A. SAEGER, Robert W. Saeger and Homer D. Stanley, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 13, 1957.


Attorney(s) appearing for the Case

Herbert H. Hopper, Wichita, Kan., for appellant.

C. H. Morris, Wichita, Kan. (Leo Lyng, Russell N. MacLeod and Edward I. Davidson, St. Louis, Mo., Kenneth N. Kripke and Robert E. McLean, Denver, Colo., Robert F. Bailey and Willard J. Kiser, Wichita, Kan., on the brief), for appellees.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

This libel action arises out of a collision of a moving inboard motor boat with an anchored outboard motor boat on admittedly navigable waters of Lake Norfolk in Kansas. The trial court gave judgment for the claimant-occupants of the anchored boat, and the petitioner-owner of the other boat has appealed.

The accident occurred about 12:45 a. m. while the claimants were fishing in a cove near a point on the Lake. One of the claimants was...

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