U.S. Court of Appeals for the Fifth Circuit, 1957

Traders & General Insurance Company v. Wiley N. McClary

U.S. Court of Appeals for the Fifth Circuit · Decided February 21, 1957 · Ctjriam, Rives, Brown, Jud, Tuttle

241 F.2d 462 (Federal Reporter, Second Series)

Counsel

Alex F, Smith, Jr.j Shreveport, La,, Jackson, Smith, Ma~Ter & Kennedy, Shreveport, La., of c~unse1, for appellant. I, John A. Dixon, Jr. Shreveport, La., for I plaintiff-appellee. Dixon & Dixon, ~Tiley N. McClary,

Opinion

PER CTJRIAM.

This appeal is from a judgment in favor of plai tiff, injured when his truck skidded out f control on a road made slick by oil sp led from another truck, turned over, a d rolled down an embankment. The o ly contentions on appeal are: (1) that the evidence was not sufficient to justif the jury's finding that the oil was spiled by appellant's assured; and (2) th4tt the verdict was excessive. Both cont~ntions, purely factual, are so clearly `~,ithout foundatiQn on the present recor4 as to call for no discussion. We are 1ot~ however, satisfied that the appeal w~s "sued out merely for delay" so as tol call for the award of damages under P~ragraph 2 of Rule 30 of this Court, 28 U.S.C.A.

The judgment is tl~ierefore

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.