Sam Friedman v. Fordyce Concrete, Inc., and John R. Holt

MATTHES, Circuit Judge.

This personal injury action was tried by the court without a jury. Plaintiff has appealed from the judgment in favor of the defendants.

Diversity of citizenship and the amount in controversy establish jurisdiction. The collision giving rise to plaintiff’s cause of action occurred on a public street in Kansas City, Missouri, therefore, the substantive law of Missouri is controlling.

Plaintiff attempted to establish liability of defendants on the theory of primary negligence. More specifically, plaintiff alleged and endeavored to prove that defendant, John R. Holt, drove…