TRUITT v. GAINES

No. 13808.

318 F.2d 461 (1963)

James Walter TRUITT, a Minor, by Howard Truitt, His Next Friend, and Pearl L. Truitt, and Howard Truitt, Individually, v. Russell Lowell GAINES, Appellant.

United States Court of Appeals Third Circuit.

Reargued September 21, 1962 and April 4, 1963.

Decided May 29, 1963.


Attorney(s) appearing for the Case

Ernest S. Wilson, Jr., Wilmington, Del., for appellant.

H. B. Rubenstein, Leshem & Rubenstein, Wilmington, Del., for appellees.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY and SMITH, Circuit Judges.


McLAUGHLIN, Circuit Judge.

This litigation arises out of a Delaware automobile collision in which plaintiffs, while riding in a car owned and driven by defendant, sustained personal injuries. The case was tried to the court below. The latter concluded that jurisdictional diversity of citizenship existed and that defendant's negligence caused the accident and plaintiffs' injuries. Those findings are not disputed. The court...

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