Monsanto Chemical Company v. Edwin R. Payne

COLEMAN, Circuit Judge:

This is a diversity action for the recovery of damages alleged to have been sustained as a proximate result of negligence of the defendant. At the close of plaintiff’s proof, the trial court denied defendant’s motion for a directed verdict. The defendant thereafter offered no proof, but renewed the prior motion, which was again over-ruled. There was a jury verdict for the plaintiff and judgment accordingly. The trial court then denied motions for judgment notwithstanding the verdict and a new trial. For the reasons hereinafter set out, we reverse.

Plaintiff was employed…