Thatcher

Cherry-Burrell Co. v. Thatcher

Good Law
107 F.2d 65·1939 U.S. App. LEXIS 2679
United States Court of Appeals for the Ninth CircuitOctober 31, 1939No. 9163California2,555 words

Opinion

Lead Opinion

Haney, J.

This is an appeal from a judgment rendered for appellee in an action brought by him against appellants to recover for personal injuries alleged to have been sustained by him as the result of a collision of the automobile in which he was riding with an automobile operated by appellant Beardsley in the course of his employment with the' corporate appellant.

Appellee and Beardsley were both traveling salesmen at the time of the accident in question. On June 25, 1935, a rear tire on appellee’s automobile “blew out” and caused a forceful collision with another automobile. Appellee’s vehicle was turned around on the road, he was rendered unconscious, ánd sustained a fractured hip. He was confined to a hospital for 7 weeks, and then at his home for 6 additional weeks. He testified that he had no pain after the middle of November, 1935. He resumed his employment on January 1, 1936, but had a driver to assist him until August, 1937.

Highway No. 10 runs southeasterly from Missoula to Deer Lodge in Montana, through the towns of Drummond and Garrison. From Missoula to Drummond *67 it is 53 miles; from Drummond to Garrison it is 21 miles; and from Garrison to Deer Lodge it is 11 miles. The…

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