Neal

Matanuska Valley Lines, Inc. v. Neal

Good Law
16 Alaska 42·229 F.2d 136·1955 U.S. App. LEXIS 3735
United States Court of Appeals for the Ninth CircuitDecember 13, 1955Nos. 14529-14531California817 words

Opinion

lead Opinion

Chambers, J.

On November 20, 1951, a public bus of Matanuska collided with a truck driven by one Lois Williams on a public highway near Anchorage, Alaska. Bus passengers were *45 injured. Three separate actions were filed against Matanuska, appellant, and Lois Williams by passengers, Dorothy Neal, Blanche Thomas and Wordie Frazier. The husbands of Neal and Frazier joined in the actions of their respective wives, claiming special damages of their own.

Matanuska cross-claimed against Williams with an identical cross-claim filed in both the Frazier and Thomas cases, but did not repeat the same cross-claim in the Neal action. 1 The cross-claim sought to recover from the other defendant, Williams, the damage to Matanuska’s bus arising out of the collision.

The then resident judge “consolidated for trial” all of the claims on Augush 24, 1953. The jury returned separate verdicts for the several plaintiffs against both defendants. However, the jury returned no verdict on the cross-claim which perhaps was an oversight. The issues on the cross-claim still are pending. Judgment was entered by the court on October 12, 1953, within the four corners of one instrument all in accordance with the verdicts.…

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