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WESTLEY v. SOUTHERN RAILWAY CO.

No. 7505.

252 F.2d 79 (1958)

Clarence S. WESTLEY, Appellant, v. SOUTHERN RAILWAY CO., Appellee.

United States Court of Appeals Fourth Circuit.

Denied January 23, 1958.

Attorney(s) appearing for the Case

J. D. Todd, Jr., Greenville, S. C. (Wesley M. Walker, Fletcher C. Mann and Leatherwood, Walker, Todd & Mann, Greenville, S. C., on the brief), for appellant.

F. D. Rainey, Greenville, S. C. (Frank G. Tompkins, Jr., Columbia, S. C., J. Wright Horton, and Rainey, Fant, Brawley & Horton, Greenville, S. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

PER CURIAM.

A petition for rehearing complains of our holding as to the effect of the finding of the trial judge that plaintiff had been guilty of gross contributory negligence as a matter of law.

We pointed out that ordinarily the rule requiring factual findings should be observed, but that in this case no harm was done by the Judge's failure to comply strictly with the rule.

The only basis on which the Court could find the plaintiff guilty of gross...

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