Alask Freight Lines, a Corporation v. Raymond Harry

Good Law
15 Alaska 457·220 F.2d 272·1955 U.S. App. LEXIS 3333
United States Court of Appeals for the Ninth CircuitMarch 3, 195514302California3,006 words

Opinion

Opinion

Hamlin, J.

This is an action for damages by Raymond Harry, Appellee, herein called plaintiff, against Alaska Freight Lines, a corporation, Appellant, herein called defendant, for injuries to plaintiff alleged to have been caused by the negligence of defendant in the operation by defendant of a tractor and trailer-type truck upon an Alaskan highway in December, 1951. The District Court sitting without a jury found that the defendant was negligent, and rendered judgment in favor of plaintiff in the sum of $16,356.53.

The evidence at the trial disclosed that on December 13, 1951, plaintiff was driving his International panel truck southbound on the Alaska Highway on a trip from Fairbanks. Between 7 and 8 p. m. plaintiff met a truck belonging to defendant which was proceeding at about 40 miles per hour in an opposite direction upon the highway. While the two vehicles were passing each other, the windshield upon the driver’s side of plaintiff’s vehicle was struck, breaking the glass thereof, and causing injuries to the plaintiff which resulted in the removal of his right eye. The evidence showed that the defendant operated trucks along the Alaska Highway from and between Anchorage, Fairbanks,…

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