(DOWNLOAD) "Southwestern Greyhound Lines Inc. v. Buchanan." by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Southwestern Greyhound Lines Inc. v. Buchanan.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 24, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This suit was originally brought by appellee, A. L. Buchanan, hereafter referred to as plaintif, and his wife, in a state court, to recover damages for personal injuries suffered by his wife in a collision between an automobile, in which she was riding as a passenger, and a bus operated by appellant, Southwestern Greyhound Lines, Inc., hereafter called Bus Company. In the state courts a verdict was directed for defendant but a new trial was granted, after which plaintiff was allowed to take a nonsuit without prejudice. Thereafter this suit was filed in the United States District Court for the Northern District of Texas. The Bus Company denied negligence, alleged the proceedings in the state court had terminated the case, and relied on a settlement for $50 and a release executed by plaintiff and his wife. Plaintiff challenged the release as invalid on the ground of fraud and offered to return the $50 paid for it. The case was tried to a jury on conflicting evidence and resulted in a verdict for $17,500. A motion for a new trial was overruled and judgment was entered on the verdict. Before the case was submitted Mrs. Buchanan was dismissed as a party. The Bus Company assigns error to denial of a directed verdict, to a portion of the charge of the court and to the refusal of the court to give a special charge requested. These three assignments may be considered together.