YOUNG v. JOHNSON

No. 6435.

286 F.2d 365 (1960)

Robert L. YOUNG, Jr., Appellant, v. Leon M. JOHNSON, Gerald A. Henry, both of Ellsworth, Kansas; and Tri-State Insurance Company, Tulsa, Oklahoma, Appellees.

United States Court of Appeals Tenth Circuit.

December 23, 1960.


Attorney(s) appearing for the Case

Francis P. O'Neill, Denver, Colo, (McClellan, Cates, & Skubitz, Wichita, Kan., on the brief), for appellant.

I. H. Stearns, Wichita, Kan. (E. P. Villepigue, Wichita, Kan., on the brief), for appellees.

Before BRATTON, PICKETT and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this diversity action the claim of appellant-plaintiff is based on a rearend collision of two trucks. The trial court denied a motion to amend the complaint and directed a verdict for defendants.

The accident occurred on a four-lane Kansas highway at night. Appellee Henry was driving a semi-trailer truck loaded with grain. The truck was owned by appellee Johnson and insured by the appellee insurance company. Henry was proceeding...

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