Harry E. Ferguson and Wife, Juanita Ferguson, and Thomas Ferguson v. Sherwood H. Smith, Jr.

BARKSDALE, District Judge.

This diversity action was instituted by Sherwood H. Smith, Jr., of Jacksonville, Fla., against Mr. and Mrs. Harry E. Ferguson and their son, Thomas Ferguson, of Sylva, N. C., for the recovery of damages for personal injuries sustained by the plaintiff. The case was tried by the court, sitting without a jury, and resulted in a judgment for the plaintiff in the sum of $16,500.00, and from this judgment defendants have appealed. Pursuant to Rule 52 Federal Rules of Civil Procedure, 28 U.S.C.A., the district judge filed a memorandum of opinion, from which his findings of…