McCOLLUM v. SMITH

No. 18921.

339 F.2d 348 (1964)

Warren McCOLLUM, Appellant, v. Orvil SMITH and Chan C. Wilson, doing business as S & W Equipment Rentals, a partnership, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 4, 1965.


Attorney(s) appearing for the Case

Frank D. Padgett, Robertson, Castle & Anthony, Honolulu, Hawaii, for appellant.

A. Singleton Cagle, William L. Fleming, Smith, Wild, Beebe & Cades, Honolulu, Hawaii, for appellees.

Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges.


KOELSCH, Circuit Judge.

In this suit to recover damages for personal injuries, the district court directed a verdict against the plaintiff and he has appealed. His assignments of error all concern the validity of that ruling.

Plaintiff based his claim on negligence. His complaint was in two counts. In one he charged that the defendants were responsible under the doctrine of respondeat superior for the negligent operation of a crane by their employee, Ed Choy...

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