389 F2d 731 Durham v. F Fitzharris

389 F.2d 731

William S. DURHAM, Administrator of, and T. T. Lawson,
Ancillary Administrator of, the Estate of Cynthia
Anna Durham, Deceased, Appellees,
Michael F. FITZHARRIS, Appellant.

No. 11669.

United States Court of Appeals Fourth Circuit.

Argued Jan. 12, 1968.
Decided Jan. 26, 1968.

S. D. Roberts Moore and Fielding L. Logan, Jr., Roanoke, Va. (Gentry, Locke, Rakes & Moore, Roanoke, Va., on brief) for appellant.

John L. Walker, Jr., Roanoke, Va., and Julius W. McKay, Columbia, S.C. (Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., McKay, McKay, Black & Walker, Columbia, S.C., David C. Bryan, Jr., and Bryan, Crosby, Bates & Able, Cayce, S.C., on brief) for appellees.

Before WINTER and CRAVEN, Circuit Judges, and KELLAM, District Judge.


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In this appeal, the findings of the district judge, to whom the case was submitted by stipulation when the jury was unable to agree, that the named defendant was the driver of the car at the time that the plaintiffs' decedent lost her life, and that he was grossly negligent in its operation, are attacked as 'clearly erroneous.' Though largely circumstantial, there was sufficient evidence to support them.

The judgment of the district court is