Legal Opinion
Myrna Joyce Beit, a Minor by Her Next Friend, Max Beit, Max Beit and Connie Manno v. United States
Court of Appeals for the Fifth Circuit
Decided November 5, 1958No. 17176PublishedCited by 6 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
In the final analysis this is but another Federal Torts Claims Act suit in which the losing party seeks a retrial of facts at our hands, ignoring or forgetting that as a case mandatorily tried by the Court without a jury, the Judge’s findings come here with the buckler and shield of the clearly erroneous concept of F.R.Civ.P. 52(a), 28 U.S.C.A. To be sure the unsuccessful plaintiffs-appellants do try earnestly to cast it in the form of an erroneous understanding and application of the idea of unvoidable accident. The District Court after a trial in which nearly…
2Cases cited1 opinion
- Parker v. WomackCalifornia Supreme Court · 1951
3Cited by6 opinions
- Jewelers Mutual Insurance Company v. Julien Balogh and Harriet Balogh, D/B/A Balogh's of Coral GablesCourt of Appeals for the Fifth Circuit · 1959
- David Baker and Lee J. Baker v. The American Insurance Company of Newark, New JerseyCourt of Appeals for the Fourth Circuit · 1963
- I. M. v. District of ColumbiaDistrict Court, District of Columbia · 1973
- Retty v. TroyDistrict Court of Appeal of Florida · 1966
- John H. Stevens v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 1986
1 more not listed; retrieve them via the Exa API.