DUTCHER v. OGLE

No. 16675.

252 F.2d 241 (1958)

Martin L. DUTCHER, Appellant, v. D. C. OGLE, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 17, 1958.


Attorney(s) appearing for the Case

Rufus S. Garrett, Garrett & Garrett, Fort Worth, Tex., for appellant.

G. W. Parker, Jr., Stone, Agerton, Parker & Kerr, Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and HANNAY, District Judge.


HANNAY, District Judge.

The Plaintiff below (the Appellant here) appeals from the judgment for the Defendant based upon a jury verdict. The action was for injuries received in an automobile-truck collision. The jury found Appellant and Appellee's truck-driver each guilty of negligence. The issue of "discovered peril" duly plead was timely requested by the Appellant and was refused. The sole question in the appeal is whether such issue should have been submitted to...

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