LUDWIG ET AL.

v.

SCHEAR

Citator

Cited By

• China Union Lines, Ltd. v. A. O. Andersen & Co., 364 F.2d 769 (5th Cir. 1966)
  …all facts not embraced in the specific findings should be regarded as not proved by the party having the burden of proof. Shapiro v. Rubens, 166 F. 2d 659 (7th Cir. 1948); Container Patents Corp. v. Stant, 143 F. 2d 170 (7th Cir. 1944), cert. denied 323 U.S. 734, 65 S.Ct. 71, 89 L.Ed. 588. Appellant had a right to seek a specific finding if he so desired. Any other finding by the judge, on the record before him, would be based on pure speculation and guess work. This is conceded by Dr. Brieger, the princip…
• Rankin v. Shayne Bros., Inc., 234 F.2d 35 (D.C. Cir. 1956)
  …able care would have been aware, of plaintiff’s peril and obliviousness thereof, and that thereafter defendant by the exercise of reasonable care could have avoided the accident. Schear v. Ludwig, 79 U.S.App.D.C. 95, 143 F. 2d 20, certiorari denied, 323 U.S. 734, 65 S.Ct. 72, 89 L.Ed. 589; Capital Transit Co. v. Bingham, 94 U.S.App.D.C. 75, 212 F. 2d 241; Finney v. Capital Transit Co., 91 U.S.App.D.C. 61, 198 F. 2d 81; Jackson v. Capital Transit Co., 69 App.D.C. 147, 99 F. 2d 380, certiorari denied, 306 U.S…
• Switzer Bros., Inc. v. Locklin, 297 F.2d 39 (7th Cir. 1961)
  …trial court rejected the evidence now urged upon us, and its failure to enter findings with respect thereto is tantamount to findings adverse to appellants upon the evidence. Container Patents Corp. v. Stant, 7 Cir., 143 F. 2d 170, 172, cert. denied 323 U.S. 734, 65 S.Ct. 71, 89 L.Ed. 588. Furthermore, the findings entered by the court imply its rejection of the argument now asserted. Even upon the unsatisfactory presentation here,2 we are convinced that those findings are unassailable. Therein is found a…