Dolores D. San Nicolas, Augustin B. Duenas and Rosita D. Duenas v. Frankie S. Lizama, by Antonio P. Delgado, His Guardian Ad Litem

Good Law
361 F.2d 595·1966 U.S. App. LEXIS 6067
United States Court of Appeals for the Ninth CircuitMay 23, 196619936_1California1,998 words

Opinion

Opinion

Ely, J.

Appellants seek reversal of a judgment in which the appellee was awarded damages for personal injuries. The appellants are the two owners of an automobile and its operator. All of them maintain that the evidence was insufficient to support a judgment against them. The contention has no merit.

The suit arose from a collision between an automobile and a motorcycle at a highway intersection in the Territory of Guam. The automobile, owned by Augustin and Rosita Dueñas, was being operated by Dolores San Nicolas, and the motorcycle was being driven by the injured appellee. The latter successfully urged that the automobile, which had been oppositely approaching him on the same highway, was negligently driven to the left and into his immediate intended path. The appellants insisted that appellee was contributively negligent in operating the motorcycle at an excessive rate of speed.

As is usually true in cases arising from collisions between vehicles, the testimony here was sharply conflicting. An investigating officer testified that appellee had orally admitted that, immediately prior to the accident, he was operating the motorcycle at a speed rate of fifty miles per hour with the…

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