Legal Opinion

Swiderski v. Moodenbaugh

Court of Appeals for the Ninth Circuit

Decided May 31, 1944No. 10620PublishedCited by 5 opinions

1Opinion of the Court

STEPHENS, Circuit Judge.

This is an action in tort in which the defendant in the district court prevailed, and the plaintiff in the action appeals to this court from the judgment.

It is agreed that damage resulted to appellant from a collision of two automobiles, one being driven by appellant, the other by appellee, on an Oregon public highway. The accident occurred just before midnight on the 22nd of July, 1941. Negligence of appellee is claimed to the effect that at nighttime he carelessly, without control of his automobile, without proper lookout for on-coming traffic, and with but one…

2Cases cited4 opinions

  1. Dallas Ry. & Terminal Co. v. SullivanCourt of Appeals for the Fifth Circuit · 1940
  2. Zeek v. BicknellOregon Supreme Court · 1938
  3. Puget Sound Power & Light Co. v. Public Utility Dist. No. 1Court of Appeals for the Ninth Circuit · 1941
  4. Franz Corp. v. FiferCourt of Appeals for the Ninth Circuit · 1924

3Cited by5 opinions

  1. Investment Service Co., an Oregon Corporation v. Allied Equities Corporation, a Nevada CorporationCourt of Appeals for the Ninth Circuit · 1975
  2. Raymond L. Sears v. Southern Pacific Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
  3. Hower v. RobertsCourt of Appeals for the Eighth Circuit · 1946
  4. Lloyd B. Sharp and Calvin Edwards v. H. C. RootCourt of Appeals for the Fifth Circuit · 1957
  5. Consolidated Freightways, Inc. v. Roy G. HolzapfelCourt of Appeals for the Ninth Circuit · 1961

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