Edith P. Reitan v. Travelers Indemnity Company

I agree with the result reached by Judge HASTINGS, but not with all of his reasons therefor.

Judge Hastings relies on the following language in Shaw v. Edward Hines Lumber Co., 7 Cir., 249 F.2d 434, 439: “[T]his does not mean that we may ignore uncontradicted, unimpeached evidence supporting defendant’s position.” If we assume the correctness of the holding in the Shaw case,1 it is apparent that the quoted language is not applicable to the case at bar. In order to rely on the Shaw case, the majority opinion treats as “uncontroverted facts”, established by the driver’s testimony, that at the…