GERHARD v. PAGAN

No. 16251.

268 F.2d 112 (1959)

Russell K. GERHARD, a minor, by D. N. Ingman, his guardian ad litem, Appellant, v. George PAGAN, Appellee.

United States Court of Appeals Ninth Circuit.

April 13, 1959.


Attorney(s) appearing for the Case

David N. Ingman, Kenneth E. Young, Honolulu, Hawaii, for appellant.

Anderson, Wrenn & Jenks, Martin Anderson, Tobias C. Tolzmann, Honolulu, Hawaii, for appellee.

Before POPE, FEE and HAMLEY, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

There was an action brought by a motorcycle rider against the driver of a car for damages claimed to have resulted from a collision between the vehicles upon the Island of Oahu. The driver of the car filed a counterclaim. The cause was tried to a jury, which disallowed the claim of plaintiff and the counterclaim of defendant.

An instruction reciting a statute relating to operating a vehicle while under the influence of intoxicating...

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