Joe Ciccarello v. Mrs. Ruth Duncan Graham

RIVES, Circuit Judge.

The defendant below appeals, attacking as clearly erroneous the finding of the district court, sitting without a jury, that negligence of the defendant was a proximate cause of an intersection accident in which the plaintiff was seriously injured.

The facts are almost undisputed except for one crucial point — which vehicle ran the red light? Both parties were traveling on Holcombe Boulevard in Houston, Texas, in a heavy rain, at about 12:25 A.M. on March 28, 1957. The defendant Ciccarello was driving a tractor-trailer truck loaded with vegetable produce which he was taking…