TRADERS & GENERAL INSURANCE CO. v. McCLARY

No. 16353.

241 F.2d 462 (1957)

TRADERS & GENERAL INSURANCE COMPANY, Appellant, v. Wiley N. McCLARY, Appellee.

United States Court of Appeals Fifth Circuit.

February 21, 1957.


Attorney(s) appearing for the Case

Alex F, Smith, Jr., Shreveport, La,, Jackson, Smith, Mayer & Kennedy, Shreveport, La., of counsel, for appellant.

John A. Dixon, Jr., Dixon & Dixon, Shreveport, La., for Wiley N. McClary, plaintiff-appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.


PER CURIAM.

This appeal is from a judgment in favor of plaintiff, injured when his truck skidded out of control on a road made slick by oil spilled from another truck, turned over, and rolled down an embankment. The only contentions on appeal are: (1) that the evidence was not sufficient to justify the jury's finding that the oil was spilled by appellant's assured; and (2) that the verdict was excessive. Both contentions, purely factual, are so clearly without foundation...

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