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264 F.2d 494

Docket No. 5350.

Welton v. Wise

First Circuit Court of Appeals

Decided March 17, 1959.

First Circuit Court of Appeals · decided 1959-03-17

Cited by 1 later decisions — most recently March 1959

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1959-03-17

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¶1Milton F. Rua, San Juan, P. R., with whom R. Rivera-Zayas, G. Rivera-Cestero and Aldo Seguróla de Diego, San Juan, P. R., were on the brief, for appellants.

¶2Jose M. Valentin Esteves, San Juan, P. R., with whom Antonio A. Simonpietri, San Juan, P. R., was on the brief, for appellees.

¶3Before MAGRUDER, Chief Judge, MARIS, Senior Circuit Judge, and WOODBURY, Circuit Judge.

¶4PER CURIAM.

¶5This case, involving an ordinary automobile accident, was commenced in the insular courts and removed to the United States District Court for the District of Puerto Rico. It was in evidence that the plaintiffs’ car, driven by Hildegarde Wiedenroth Wise, was proceeding along a public highway near Aguadilla, Puerto Rico, when she had occasion to turn off the highway on a rather narrow private road on the right. To give warning of an impending right turn, she put on her direction signal. In order to turn into the private road, she first had to swing her car slightly to the left, before turning to the right. When the front of her car had about entered the private road, the car was struck broadside on the right rear by an automobile, coming from behind, driven by the defendant Welton.

¶6The case was tried by the judge without a jury. He made findings of fact to the effect that Welton’s negligence was the sole proximate cause of the accident, and that Mrs. Wise had not been contributorily negligent, as alleged. Judg*495ment was entered for the plaintiffs, this record we cannot possibly set aside the judge’s findings as being “clearly erroneous”. On

¶7A judgment will be entered affirming the judgment of the District Court.

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