Jennie R. Duff and Elizabeth Bronson v. H. L. Page

Two of the three plaintiffs in this automobile accident case appeal from a judg *139 ment for defendant, entered on a jury-verdict. The questions presented here relate to the voir dire examination of jurors, exclusion of evidence, failure to strike certain testimony, giving of one instruction, failure to give four requested instructions, and denial of a motion for a new trial.

The accident occurred on December 31, 1954, on an east-west stretch of Highway U. S. 40, about fourteen miles west of Wells, Nevada. At 10:00 a. m. that day, H. L. Page was in the process of removing an automobile from a snow bank off the north side of the highway. While engaged in this work he had his wrecker, seventeen feet in length, standing in the north, or westbound, traffic lane.

For a distance of four tenths of a mile to the east, from the point where Page was working, the highway was straight, with an upgrade of 3.34 per cent to the crest of a moderate rise. The road was oil-surfaced, but was variously described as being “icy” or “slushy” on the morning in question. The width of the road was forty-three feet, including about seven and one half feet of mixed oil and gravel shoulder on the north…

(concurring).

I concur in the result. I think the points raised by appellants are without merit. In my opinion they do not deserve the careful and painstaking attention given them by Judge HAMLEY. In this day when delays in judicial proceedings are highlighted, they may be materially lessened by prompt and more summary disposition of appeals that are unmeritorious. The precedential value of the decision, particularly in an automobile accident diversity case, such as this, is insignificant. A bare affirmance of the judgment below without more, would, in my opinion, be sufficient.

249 F.2d 137 Jennie R. DUFF and Elizabeth Bronson, Appellants, v. H. L. PAGE, Appellee. No. 15186. United States Court of Appeals Ninth Circuit. Oct. 18, 1957. Wright & Eardley, Elko, Nev., Goldwater, Taber & Hill, Reno, Nev., Herman Bedke, Burley, Idaho, for appellants. Pike & McLaughlin, Reno, Nev., Rex J. Hanson, Salt Lake City, Utah, for appellee. Before ORR and HAMLEY, Circuit Judges, and GOODMAN, District Judge. HAMLEY, Circuit Judge. 1 Two of the three plaintiffs in this automobile accident case appeal from a judgment for defendant, entered on a jury verdict. The questions presented here relate to the voir dire examination of jurors, exclusion of evidence, failure to strike certain testimony, giving of one instruction, failure to give four requested instructions, and denial of a motion for a new trial. 2 The accident occurred on December 31, 1954, on an east-west stretch of Highway U.S. 40, about fourteen miles west of Wells, Nevada. At 10:00 a.m. that day, H. L. Page was in the process of removing an automobile from a snow bank off the north side of the highway. While engaged in this work he had his wrecker, seventeen feet in length, standing in the north, or…