Wolf

Wolf v. Reynolds Electrical & Engineering Co.

Good Law
304 F.2d 646·6 Fed. R. Serv. 2d 853
United States Court of Appeals for the Ninth CircuitJune 26, 1962No. 17372California2,193 words

Opinion

Lead Opinion

Jameson, J.

Plaintiff, a citizen of Illinois, instituted this action to recover damages for personal injuries sustained on February 21, 1955, as the result of a collision between a motor vehicle in which plaintiff was riding and a motor vehicle operated by the defendants Reynolds Electrical & Engineering Co., Inc., a Texas Corporation, and Reynolds Electrical Corporation, a Nevada Corporation, through their agent and employee, the defendant Russell Martin, a citizen of Nevada. At the close of plaintiff's case, the trial court entered a judgment of dismissal in favor of all of the defendants. Plaintiff has appealed from this judgment and a subsequent order denying plaintiff’s motion for a new trial.

The plaintiff, a corporal in the United States Army, was a passenger in a military truck driven by PFC Lunie Turley. The defendant Martin was driving a flatbed truck owned by the United States and rented to the Atomic Energy Commission for use by defendant Reynolds Electrical & Engineering Co., Inc. The flatbed truck was loaded with a one-ton crane, which Martin had fastened to the flatbed with a chain.

The truck in which plaintiff was riding was travelling in a northerly direction on a roadway…

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