Legal Opinion
Western Produce Co. v. Folliard
Court of Appeals for the Fifth Circuit
Decided December 9, 1937No. 8592PublishedCited by 6 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This appeal is from a judgment for damages resulting from personal injuries sustained by appellee when her automobile was struck from the rear by a truck operated by appellant.
Appellee’s petition charged negligence in driving the truck at an unreasonable speed on a crowded street, without sufficient brakes, and in failing to stop the truck before it collided with her automobile. The proof did not support the charges of insufficient brakes and unreasonable speed/and no such issue was submitted to the jury. Appellant’s answer denied the allegations of negligence and…
2Cases cited6 opinions
- Pryor v. StrawnCourt of Appeals for the Eighth Circuit · 1934
- Fricke v. General Accident, Fire & Life Assur. Corp.Court of Appeals for the Eighth Circuit · 1932
- Luke v. United StatesCourt of Appeals for the Fifth Circuit · 1936
- Meador v. National Liberty Ins. Co. of AmericaCourt of Appeals for the Fifth Circuit · 1931
- Concrete Oil Tank Co. v. MenefeeCourt of Appeals for the D.C. Circuit · 1932
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fort Worth and Denver Railway Company v. Wayne HarrisCourt of Appeals for the Fifth Circuit · 1956
- E. C. Messer and Texas Employers' Insurance Association v. L. B. Foster Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- Swift & Co. v. EllinorCourt of Appeals for the Fifth Circuit · 1939
- Dofner v. BranardCourt of Appeals of Texas · 1951
- Edwards v. CraigCourt of Appeals for the Seventh Circuit · 1943
1 more not listed; retrieve them via the Exa API.