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CAMPBELL v. CLARK

No. 6461.

283 F.2d 766 (1960)

Allan D. CAMPBELL, Appellant, v. Mandy Lea CLARK, Appellee.

United States Court of Appeals Tenth Circuit.

November 1, 1960.

Attorney(s) appearing for the Case

Francis A. McLane, Omaha, Neb., and William H. Stowell, Phillipsburg, Kan., were on the brief for appellant.

Malcolm Miller, Wichita, Kan. (George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, and Gerald Sawatzky, Wichita, Kan., were with him on the brief), for appellee.

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

BRATTON, Circuit Judge.

The general nature of this action to recover damages arising out of a traffic accident was stated on a former appeal, Campbell v. Clark, 10 Cir., 271 F.2d 578; and no useful purpose would be served by stating it anew. On a trial after remand of the case, the court instructed the jury respecting the burden of proof, negligence, contributory negligence, proximate cause, sudden emergency, unavoidable accident...

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