CICCARELLO v. GRAHAM

No. 18893.

296 F.2d 858 (1961)

Joe CICCARELLO, Appellant, v. Mrs. Ruth Duncan GRAHAM, Appellee.

United States Court of Appeals Fifth Circuit.

December 21, 1961.


Attorney(s) appearing for the Case

Willard I. Boss, Hicks, Dollahon, Boss & Wohlt, Houston, Tex., for appellant.

Albert P. Jones, Houston, Tex. (Shirley M. Helm, Helm, Jones, Pletcher & Winkelman, Houston, Tex., of counsel), for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and RIVES, Circuit Judges.


RIVES, Circuit Judge.

The defendant below appeals, attacking as clearly erroneous the finding of the district court, sitting without a jury, that negligence of the defendant was a proximate cause of an intersection accident in which the plaintiff was seriously injured.

The facts are almost undisputed except for one crucial point — which vehicle ran the red light? Both parties were traveling on Holcombe Boulevard in Houston, Texas, in a heavy rain, at...

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