Doggett v. Peek, 9649.
| Decision Date | 11 December 1940 |
| Docket Number | No. 9649.,9649. |
| Citation | 116 F.2d 273 |
| Parties | DOGGETT v. PEEK et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Curtis White, of Dallas, Tex., for appellant.
Pinkney Grissom, of Dallas, Tex., for appellees.
Before HOLMES and McCORD, Circuit Judges, and DAWKINS, District Judge.
Mr. and Mrs. E. B. Doggett were killed in an automobile accident in Ellis County, Texas, on March 10, 1939. Margaret Doggett, their only surviving child, brought suit to recover damages for their death. The case was tried to a jury. At the close of plaintiff's testimony the defendants asked for a directed verdict but the court overruled the motion. At the conclusion of all the testimony the defendants renewed their motion for an instructed verdict. This motion was granted and the jury returned a verdict for the defendants. Miss Doggett has appealed from the judgment entered on the instructed verdict.
It was the contention of Miss Doggett that her parents, Mr. and Mrs. E. B. Doggett, were riding north along Highway 77 in their Nash automobile; that about three miles south of Waxahachie, Texas, as they approached the crest of a hill Forrest B. Doggett (no relation to Mr. and Mrs. E. B. Doggett) came over the hill in a Chevrolet car going south; that Forrest Doggett was negligent in coming over the hill on his left or wrong side of the road; that he failed to keep a proper lookout; that E. B. Doggett, the driver of the Nash automobile, drove his car to the left to avoid a collision with the car driven by Forrest Doggett; and that the cars collided and killed Mr. and Mrs. E. B. Doggett.
Decision must turn upon the evidence.
The plaintiff offered no evidence of eye witnesses to the accident. She sought to recover by showing photographs of the two cars and other photographs taken after the accident which showed tire tracks in the road at the scene of the accident.
The witness Forrest Doggett who was driving the Chevrolet automobile was at the time of the accident an employee of John Deere Plow Company, a business owned and operated by the appellees. He testified that his car was new and had not been driven a thousand miles; that he was driving on the right side of the road at a speed of not over thirty-five miles per hour; that suddenly the Nash car, in which the Doggetts were riding, cut sharply across his path and too close for him to avoid the collision; that his automobile struck the Nash almost in the center of its right side; that a Mr. and Mrs....
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...rule applies both as to the basis of recovery (i. e., negligence, violation of the waste statutes, or proximate cause), Doggett v. Peek et al., 5 Cir., 116 F.2d 273, decided Dec. 11, 1940; and the necessity for a reasonable basis for computing damages. Shannon v. Shaffer Oil & Refining Co.,......
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