Atlantic Greyhound Corporation v. Crowder, 12790.
| Decision Date | 10 November 1949 |
| Docket Number | No. 12790.,12790. |
| Citation | 177 F.2d 633 |
| Parties | ATLANTIC GREYHOUND CORPORATION v. CROWDER. |
| Court | U.S. Court of Appeals — Fifth Circuit |
R. Wilson Smith, Jr., H. A. Stephens, Jr., Gainesville, Ga., for appellant.
E. D. Kenyon, Gainesville, Ga., for appellee.
Before HUTCHESON, HOLMES, and SIBLEY, Circuit Judges.
Appealing from a judgment on a verdict for $15,000 for personal injuries negligently inflicted upon appellee, plaintiff below, defendant is here insisting that the judgment must be reversed for the errors of the court in denying defendant's motions for instructed verdict and judgment non obstante. In support of its contention, defendant, with confidence and vigor insists that as a matter of law (1) the plaintiff failed to show that the bus complained of was owned and operated by defendant, and (2) if this is not so, the negligence of the driver of the automobile occupied by appellee was equal to or greater than any negligence of appellant and was the proximate cause of the injury.
Appellee, with equal confidence and vigor, urges that the verdict of the jury, holding defendant responsible for the bus involved in the accident and that the negligence of the driver was the proximate cause of her injury, finds ample support in the evidence, and the judgment must be affirmed.
We agree with appellee. It is true that no witness gave direct testimony that the Greyhound bus which caused the accident was owned or operated by defendant, Atlantic Greyhound Corporation, but in the state of the evidence direct proof of this kind was not required. For it is equally true that the offending bus was identified by direct and undisputed evidence as a Greyhound bus and that there were circumstances pointing unerringly to the fact that it was one of defendant's busses. The evidence did not show any other bus of any kind at or near the scene of the wreck anywhere near the time of the accident,1 except appellant's bus operating on its regular Atlanta-Toccoa schedule.
It is true enough that there was proof that besides the Atlantic Greyhound Corporation there were Corporations known as Teche, Central, Florida, and Southern Greyhound which operated Greyhound busses on this particular highway both before and after the occurrence. It was not sufficient, therefore, for plaintiff to prove merely that a Greyhound bus caused her injury, and if the proof showed no more than this, the verdict could not stand. But, as appears above, this is by...
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