Margaret Wright Smith v. R. R. Allen, II

BARKSDALE, District Judge.

Appellant, Mrs. Margaret Wright Smith, plaintiff below, instituted this diversity action against appellee, R. R. Allen, II, defendant below, seeking to recover damages for personal injuries resulting from a fall which she sustained on a small pier extending into Chuckatuck Creek in Nansemond County, Virginia, maintained and controlled by Allen as a part of his premises. Plaintiff grounded her action on the allegation of negligence on the part of the defendant in the maintenance of his pier. The action came on for trial with a jury, and at the conclusion of…