Hendler v. Neilson

378 F.2d 131 Jay R. HENDLER, a minor by his Guardian ad Litem, Ed Hendler, Appellant, v. Robert L. NEILSON, a minor, by his Guardian ad Litem, R. A. Neilson and Jane Doe Neilson, husband and wife, Appellees. No. 21273. United States Court of Appeals Ninth Circuit. May 9, 1967. Theodore Peterson, Peterson, Taylor & Day, Pasco, Wash., for appellant. Jerome Williams, Cashatt, Williams, Connelly & Rekofke, Spokane, Wash., for appellees. Before BARNES, HAMLIN and KOELSCH, Circuit Judges. HAMLIN, Circuit Judge. 1 Jay R. Hendler, appellant herein, filed an action in the United States District Court for the Eastern District of Washington, Northern Division, against Robert L. Neilson, appellee herein, to recover damages for personal injuries resulting from an automobile accident which occurred in Washington on November 29, 1964. At the close of appellant's case in chief the district court granted a defense motion for dismissal upon the ground that appellant was guilty of contributory negligence as a matter of law. From the resulting judgment this appeal was noticed. 2 The district court had diversity jurisdiction pursuant to 28 U.S.C. § 1332 ; the appellant is a citizen of the…