ANDERSON v. HARRIS

No. 71-1398.

455 F.2d 703 (1972)

Jesse I. ANDERSON, as the Administrator of the Estate of Vance Brent Anderson, Deceased, and Jessie I. Anderson, as the personal representative for certain statutory beneficiaries and heirs, Plaintiffs-Appellants, v. Virgil Paul HARRIS, and Yellowstone Park Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 14, 1972.


Attorney(s) appearing for the Case

James A. McIntosh, Salt Lake City, Utah, for plaintiffs-appellants.

James L. Applegate, Hirst, Applegate & Dray, Cheyenne, Wyo., for defendants-appellees, and Byron Hirst.

Before LEWIS, Chief Judge, DOYLE, Circuit Judge, and WINNER, District Judge.


WINNER, District Judge.

This wrongful death action results from an auto-pedestrian accident near Gem Pool in Yellowstone National Park. After a three day trial to the court, the trial judge made findings of fact and concluded that defendant was not negligent and that plaintiff's decedent was negligent. Appellant has shouldered the heavy burden of arguing that the trial judge's findings are not supported by the evidence. Undeniably...

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