U.S. Court of Appeals for the Fifth Circuit, 1964

Gold Seal Creamery, Inc. And Lumbermens Mutual Casualty Company v. Mrs. Rubye L. Bisco

Gold Seal Creamery, Inc. And Lumbermens Mutual Casualty Company v. Mrs. Rubye L. Bisco
U.S. Court of Appeals for the Fifth Circuit · Decided March 3, 1964 · Hutcheson, Bell, Brewster
327 F.2d 128 (Federal Reporter, Second Series)

Gold Seal Creamery, Inc. And Lumbermens Mutual Casualty Company v. Mrs. Rubye L. Bisco

Opinion

PER CURIAM.

The appellants are appealing from an adverse judgment awarding the appellee damages for personal injuries to herself and for the death of her husband arising out of a collision involving the creamery’s truck and the appellee’s automobile.

The trial was before the court without a jury. The portion of the judgment awarding damages for the appellee’s own personal injuries is not questioned. The only basis of the appeal is that the appel-lee failed to prove that the collision on May 26, 1959 was the proximate cause of her husband's subsequent gangrene and leg amputation and of his death that followed on September 25, 1959.

The question raised involves a pure fact issue. While the matter was sharply contested by appellants, there was evidence, direct and circumstantial, expert and non-expert, to support the trial court’s findings of fact and conclusions of law and his judgment entered in this case.

The judgment is affirmed.

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