BROWN v. WARD

No. 14472.

438 F.2d 1285 (1971)

Norman Leroy BROWN, Appellee, v. John L. WARD, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 18, 1970.


Attorney(s) appearing for the Case

Daniel Lee Brawley, Wilmington, N. C. (Marshall, Williams & Gorham, Wilmington, N. C. on brief), for appellant.

R. Mayne Albright, Raleigh, N. C., for appellee.

Before BRYAN and WINTER, Circuit Judges, and MARTIN, District Judge.


PER CURIAM:

In this diversity action in which a minor plaintiff obtained judgment against defendant for personal injuries sustained when plaintiff fell from defendant's truck, we find no reversible error. The findings of the district judge are admittedly not clearly erroneous and his application of the law of North Carolina unexceptionable.

Defendant argues, however, that it was erroneous to permit plaintiff to recover as an employee of defendant, rather than...

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