William J. England v. Frederick A. Downey

McMILLIAN, Circuit Judge.

Appellant William J. England, plaintiff below in a personal injury suit, appeals from the judgment directed for appellee Frederick A. Downey by the district court. For reversal, he argues that there was sufficient evidence of appellee’s negligence to warrant submission of the case to the jury. We agree with the district court 1 that there was insufficient evidence and affirm the judgment.

On August 31, 1974, appellant was a passenger in a truck driven by appellee, Frederick Downey. He was injured when the truck ran off the road and overturned. The accident occurred on…