Ervin Jupiter and Edward Levy Metals, Inc. v. United States

U.S. Court of Appeals for the Fifth Circuit
Ervin Jupiter and Edward Levy Metals, Inc. v. United States, 287 F.2d 388 (5th Cir. 1961)
1961 U.S. App. LEXIS 5222

Ervin Jupiter and Edward Levy Metals, Inc. v. United States

Opinion

PER CURIAM.

This appeal in a federal tort claims action presents only issues of fact. The record discloses that there was ample evidence to support the finding of the trial court that the appellant Jupiter was guilty of contributory negligence and that such contributory negligence continued to the occurrence of the mishap which produced the injury from which he suffered. See Jupiter v. United States, D.C., 181 F.Supp. 294.

Although the strict application of the contributory negligence doctrine works a hardship on tort claim litigants in Alabama in contrast to other states where the rule of comparative negligence applies, we are bound to apply the law of the pláce of injury in such a case.

The judgment must be affirmed.

Reference

Full Case Name
Ervin JUPITER and Edward Levy Metals, Inc., Appellants, v. UNITED STATES of America, Appellee
Cited By
4 cases
Status
Published