Legal Opinion

David Irish, a Minor, by and Through His Guardian Ad Litem, Clifford L. Irish, and Clifford L. Irish v. United States

Court of Appeals for the Ninth Circuit

Decided July 1, 1955No. 14124_1PublishedCited by 74 opinions

1Opinion of the Court

WIIG, District Judge.

The question presented on this appeal is whether the trial court erred in entering judgment for the. defendant in an action for damages against the United States of America under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671-2680.

We are of the view that the case should be remanded to the district court for the purpose of enlarging and clarifying the findings of fact in the light of the California law of negligence as we understand it to be. If this cannot be done, then the judgment should stand reversed and a new trial granted to the plaintiffs.

Evidence at the…

2Cases cited17 opinions

  1. Kelley v. Everglades Drainage DistrictSupreme Court of the United States · 1943
  2. Conroy v. PerezCalifornia Court of Appeal · 1944
  3. Steccone v. Morse-Starrett Products Co.Court of Appeals for the Ninth Circuit · 1951
  4. Noland v. Buffalo Ins. CoCourt of Appeals for the Eighth Circuit · 1950
  5. Waialua Agr. Co., Limited v. Maneja Maneja v. Waialua Agr. Co., LimitedCourt of Appeals for the Ninth Circuit · 1949

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3Cited by74 opinions

  1. Richards v. United StatesSupreme Court of the United States · 1962
  2. Merrill v. MerrillAlaska Supreme Court · 1962
  3. Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
  4. Finney v. Arkansas Board of CorrectionCourt of Appeals for the Eighth Circuit · 1974
  5. Hershel CLADY, Et Al., Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1985

69 more not listed; retrieve them via the Exa API.

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