Scott v. Fancher, No. 23562.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtTUTTLE, , and JONES and GEWIN, Circuit
Citation369 F.2d 842
PartiesCarter Ray SCOTT et al., Appellants, v. William Carlton FANCHER et al., Appellees.
Docket NumberNo. 23562.
Decision Date09 December 1966

369 F.2d 842 (1966)

Carter Ray SCOTT et al., Appellants,
v.
William Carlton FANCHER et al., Appellees.

No. 23562.

United States Court of Appeals Fifth Circuit.

December 9, 1966.


369 F.2d 843

Eugene Sherrod, Jr., Wichita Falls, Tex., Albert P. Smith, Lubbock, Tex., William T. Brownlee, Perryton, Tex., Eugene Sherrod, Jr., Nelson & Sherrod, Wichita Falls, Tex., for appellants.

Royal H. Brin, Jr., Dallas, Tex., C. Coit Mock, Wichita Falls, Tex., J. Mike Joplin, Dallas, Tex., Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., for appellees, William Carlton Fancher, American Petrofina Co. of Texas and United States Fire Ins. Co.

Donald Royse, Royse & Meacham, Elk City, Okl., Larry Lambert, Jones, Fillmore, Robinson & Lambert, Wichita Falls, Tex., for appellees E. L. Short and wife, Sarah Short, individually and E. F. Short, administrator of the estate of Tommy Clifton Short, deceased.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.

GEWIN, Circuit Judge:

This personal injury case arose out of a three truck collision involving trucks operated by William C. Fancher, a Texas resident, Ray Scott, an Oklahoma resident, and E. F. Short, an Oklahoma resident. The collision took place in Texas. The truck driven by Fancher was traveling north on U. S. Highway 287 and the two Oklahoma trucks were traveling south. The truck driven by Fancher was owned by American Petro-Fina Company of Texas (Petro-Fina), a corporation organized under the laws of Texas. As a result of a head-on collision between the Petro-Fina truck and the Scott truck, the Petro-Fina truck turned on its side, slid across the highway and collided with the truck driven by Short which had been traveling some distance behind and in the same direction as the Scott truck. Fancher was seriously injured and Short was killed in the accident. Scott suffered only mild injuries. The administrator of Short's estate brought suit against Fancher, Petro-Fina, and Scott in an Oklahoma state court. Service of process was not perfected on Fancher in the Oklahoma state court action. Petro-Fina and Fancher filed this suit in the United States District Court for the Northern District of Texas alleging negligence on the part of both Scott and Short. Scott counterclaimed against Petro-Fina and Fancher, and the administrator of Short's estate filed a counterclaim against Petro-Fina and Fancher and a cross-claim against Scott. Jurisdiction was based on diversity of citizenship. The jury absolved Fancher, Petro-Fina, and Short of liability and returned a verdict against Scott. Judgment was entered against Scott in accordance with the verdict. Scott appeals from that judgment alleging that the district court was without...

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33 practice notes
  • Maseda v. Honda Motor Co., Ltd., Nos. 87-5866
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • December 19, 1988
    ...Eikel v. States Marine Lines, Inc., 473 F.2d 959, 965 (5th Cir.1973) (citing 1 Moore's Federal Practice Sec. 0.90; Scott v. Fancher, 369 F.2d 842 (5th Cir.1966); 6 C. Wright & A. Miller, Federal Practice and Procedure Sec. 1433 (1971). A cross-claim for indemnity is typically considered wit......
  • McDaniel v. Loya, No. CIV 14-0511 JB/SCY
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • January 29, 2015
    ...Inc., 263 F.3d 816, 819 (8th Cir. 2001)("The addition of the cross-claim did not defeat diversity jurisdiction"); Scott v.Page 40Fancher, 369 F.2d 842, 844 (5th Cir. 1966)("We also reject Scott's contention that Short's cross-claim against Scott was not ancillary to the original suit and th......
  • W.R. Grace & Co. v. Continental Cas. Co., Nos. 88-2902
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 6, 1990
    ...Cir.1979). 8 See, e.g., LASA Per L'Industria Del Marmo Societa Per Azioni v. Alexander, 414 F.2d 143 (6th Cir.1969); Scott v. Fancher, 369 F.2d 842, 844 (5th 9 See, e.g., H.L. Peterson Co. v. Applewhite, 383 F.2d 430, 433 (5th Cir.1967). 10 The "efficiency" concerns conjured by the dissent ......
  • Owen Equipment and Erection Company v. Kroger, No. 77-677
    • United States
    • United States Supreme Court
    • June 21, 1978
    ...F.2d 804 (CA2); cross-claims, e. g., LASA Per L'Industria Del Marmo Soc. Per Azioni v. Alexander, 414 F.2d 143 (CA6); Scott v. Fancher, 369 F.2d 842, 844 (CA5); Glen Falls Indemnity Co. v. United States ex rel. Westinghouse Electric Supply Co., 229 F.2d 370, 373-374 (CA9); or intervention a......
  • Request a trial to view additional results
33 cases
  • Maseda v. Honda Motor Co., Ltd., Nos. 87-5866
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • December 19, 1988
    ...Eikel v. States Marine Lines, Inc., 473 F.2d 959, 965 (5th Cir.1973) (citing 1 Moore's Federal Practice Sec. 0.90; Scott v. Fancher, 369 F.2d 842 (5th Cir.1966); 6 C. Wright & A. Miller, Federal Practice and Procedure Sec. 1433 (1971). A cross-claim for indemnity is typically considered wit......
  • McDaniel v. Loya, No. CIV 14-0511 JB/SCY
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • January 29, 2015
    ...Inc., 263 F.3d 816, 819 (8th Cir. 2001)("The addition of the cross-claim did not defeat diversity jurisdiction"); Scott v.Page 40Fancher, 369 F.2d 842, 844 (5th Cir. 1966)("We also reject Scott's contention that Short's cross-claim against Scott was not ancillary to the original suit and th......
  • W.R. Grace & Co. v. Continental Cas. Co., Nos. 88-2902
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 6, 1990
    ...Cir.1979). 8 See, e.g., LASA Per L'Industria Del Marmo Societa Per Azioni v. Alexander, 414 F.2d 143 (6th Cir.1969); Scott v. Fancher, 369 F.2d 842, 844 (5th 9 See, e.g., H.L. Peterson Co. v. Applewhite, 383 F.2d 430, 433 (5th Cir.1967). 10 The "efficiency" concerns conjured by the dissent ......
  • Owen Equipment and Erection Company v. Kroger, No. 77-677
    • United States
    • United States Supreme Court
    • June 21, 1978
    ...F.2d 804 (CA2); cross-claims, e. g., LASA Per L'Industria Del Marmo Soc. Per Azioni v. Alexander, 414 F.2d 143 (CA6); Scott v. Fancher, 369 F.2d 842, 844 (CA5); Glen Falls Indemnity Co. v. United States ex rel. Westinghouse Electric Supply Co., 229 F.2d 370, 373-374 (CA9); or intervention a......
  • Request a trial to view additional results

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