Sears v. Beverley

DOBIE, Circuit Judge.

This case arose out of a motor vehicle accident in which two trucks (one towing the other) — both owned by the appellant Sears — collided with the appellee’s tractor-trailer unit. The appellee filed suit in the District Court against Sears as owner of the trucks, and Plowden and Berry, drivers of the trucks, and against one Richard Walthen. The suit was non-prossed as to Walthen. As Ipart of his answer, the appellant Sears filed a counterclaim for the damages to his trucks. After trial before *660the District Judge, sitting without a jury, a judgment was entered in favor of…