PAUL SIMMONS, A MINOR, BY HIS FATHER AND NEXT FRIEND, MICHAEL SIMMONS, MICHAEL SIMMONS, INDIVIDUALLY AND IN HIS OWN RIGHT, APPELLANTS,
v.
GIBBS MANUFACTURING COMPANY, APPELLEE
PAUL SIMMONS, A MINOR, BY HIS FATHER AND NEXT FRIEND, MICHAEL SIMMONS, MICHAEL SIMMONS, INDIVIDUALLY AND IN HIS OWN RIGHT, APPELLANTS,
GIBBS MANUFACTURING COMPANY, APPELLEE
275 F.2d 291
United States Court of Appeals for the Sixth Circuit (1960)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In an action filed by the appellants on behalf of a young boy three years of age against the appellee, the manufacturer of a toy spinning top, seeking damages for the loss of an eye alleged to have been caused by the negligent manufacture of the top, and tried to the Court without a jury, the District Judge found that the evidence failed to prove negligence on the part of the appellee, and dismissed the action.
The Court, being of the opinion that the finding is supporting by the evidence and is not clearly erroneous, Rule 52(a), Rules of Civil Procedure, 28 U.S.C.A., See: Graffius v. Weather-Seal, 6 Cir., 165 F. 2d 782.
It is ordered that the judgment be affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vandercook & SON, Inc. v. Thorpe, 322 F.2d 638 (5th Cir. 1963)
Authorities Cited
- Graffius v. Weather-Seal, 165 F.2d 782 (6th Cir. 1948)