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GOULD v. ARONSON

No. 17120.

291 F.2d 21 (1961)

John H. GOULD, Appellant, v. Robert L. ARONSON, formerly doing business under the firm name and style of Aronson's Garage, Appellee.

United States Court of Appeals Ninth Circuit.

May 24, 1961.

Attorney(s) appearing for the Case

Horace J. Dwyer, Anaconda, Mont., and Annon W. May, Tacoma, Wash., for appellant.

Smith, Boone & Rimel, and Russell E. Smith, Missoula, Mont., for appellee.

Before ORR, CHAMBERS and HAMLEY, Circuit Judges.

CHAMBERS, Circuit Judge.

This diversity action involved injuries to Gould when as a business invitee he fell down a stairs in Aronson's public garage in Libby, Montana. Trial was without a jury and at the conclusion thereof the district judge found the defendant to have been negligent as a matter of fact. Further, he held that as a matter of law the plaintiff was guilty of contributory negligence which barred recovery. However, there was a legal hedge in that the...

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