Tradewind Transportation Company, Limited (Formerly Known as Allen Tours of Hawaii, Ltd.) v. Bernice (Terry) Taylor

This is an appeal by Tradewind Transportation Company, Limited (formerly known as Allen Tours of Hawaii, Ltd.), hereinafter Appellant, from a judgment in favor of Bernice Taylor, hereinafter Appellee. The case was tried before a jury in the United States District Court for' the District of Hawaii. A verdict was rendered in favor of appellee in the sum of $14,545.00. The District Court had jurisdiction by reason of the diversity of citizenship of the parties, and the jurisdiction of this court is admitted.

The action was brought in the District Court by appellee against the Soto Mission of Hawaii, Ltd., hereinafter referred to as the Mission, and against appellant, to recover damages for personal injuries sustained on June 13, 1956, as a result of a fall on the front steps of the Soto Mission Temple in Honolulu. The Mission was a non-profit corporation. The appellant was engaged, among other activities, in the business of transporting tourists to various points of interest upon the island of Oahu in Hawaii.

It appears that upon June 11, 1956, appellee purchased a ticket for $6.50 from appellant which entitled her to transportation with others in an automobile in what is known as…

Petition for Rehearing.

In a petition for rehearing in this ease, appellee cites the rule in Hawaii to be as follows: “In this jurisdiction it is settled that a mere scintilla of evidence is insufficient to support a verdict. Smith v. Hamakua Mill Co., 14 Haw. 669 ; Wo Sing Co. v. Kwong Chong Wai Co., 16 Haw. 17 . But it has often been held that this court would not set aside a verdict where there was some evidence, i.e., more than a scintilla of evidence, to support it.” Robinson v. Honolulu R. T. & L. Co., 1911, 20 Haw. 426 . See Territory v. Lam Bo, 1917, 23 Haw. 718 ; Holstein v. Benedict, 1915, 22 Haw. 441 .

Conceding such a statement to be the Hawaiian rule, we hold that in the instant case there was no evidence, not even a scintilla, to establish any knowledge in appellant of a dangerous condition requiring it to warn appellee.

On the question of whether local or federal law is here applicable, see “Effect of Erie Railroad Co. v. Tompkins on Sufficiency of Evidence to Present Question for Jury,” 5 Moore’s Federal Practice, 2nd Ed., § 38.10, pp. 102 et seq.

The petition for rehearing is denied.

267 F.2d 185 TRADEWIND TRANSPORTATION COMPANY, Limited (Formerly known as Allen Tours of Hawaii, Ltd.), Appellant, v. Bernice (Terry) TAYLOR, Appellee. No. 16033. United States Court of Appeals Ninth Circuit. April 21, 1959. Rehearing Denied June 9, 1959. Smith, Wild, Beebe & Cades, William L. Fleming, Honolulu, Hawaii, for appellant. David N. Ingman, Kenneth E. Young, Honolulu, Hawaii, for appellee. Before POPE, CHAMBERS and HAMLIN, Circuit Judges. HAMLIN, Circuit Judge. 1 This is an appeal by Tradewind Transportation Company, Limited (formerly known as Allen Tours of Hawaii, Ltd.), hereinafter Appellant, from a judgment in favor of Bernice Taylor, hereinafter Appellee. The case was tried before a jury in the United States District Court for the District of Hawaii. A verdict was rendered in favor of appellee in the sum of $14,545.00. The District Court had jurisdiction by reason of the diversity of citizenship of the parties, and the jurisdiction of this court is admitted. 2 The action was brought in the District Court by appellee against the Soto Mission of Hawaii, Ltd., hereinafter referred to as the Mission, and against appellant, to recover damages for personal injuries…