Ryans v. Blevins

LAYTON, District Judge.

Under Fed.Rules Civ.Proc. Rule 59(a), 28 U.S.C., in a trial without jury, the Court may open the judgment, take additional testimony, amend or make new findings of fact and law and direct the entry of a new judgment. After a careful reading of the record, I am convinced that this judgment must be reopened, new findings made and a judgment entered in favor of the defendant. My findings of fact follow:

Findings of Fact.(1) Plaintiff, in a semi-drunken condition at night, without lights on his car, was attempting to change a rear tire while parked on the open highway nearly…