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GOVERNMENT EMPLOYEES INSURANCE COMPANY v. DAVIS

No. 17190.

266 F.2d 760 (1959)

GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. Randle DAVIS, for the Use and Benefit of Rita Vone Davis, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 10, 1959.

Attorney(s) appearing for the Case

Numa V. Bertel, Jr., Hammett & Bertel, New Orleans, La., for appellant.

L. V. Cooley, Jr., Slidell, La., David E. Cooley, Baton Rouge, La., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

RIVES, Circuit Judge.

Two questions are presented by this appeal from a judgment for plaintiffs entered upon a jury verdict: first, whether there was sufficient evidence to support the verdict; and, second, whether the district court erred in charging the jury with respect to the claimed contributory negligence of a 12½ year old girl. Since we have concluded with the appellant on the second question, and the evidence may not be the same on another trial,

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