Watkins v. Continental Can Co.

HAYES, District Judge.

At the close of plaintiff’s evidence defendant moved for a directed verdict in its favor because the evidence failed to establish any actionable negligence against the defendant, and on the ground that plaintiff’s evidence affirmatively showed that he was guilty of contributory negligence proximately causing his injury. Ruling on the motion was reserved until the close of the evidence under Section (b) of Rule 50. The motion was renewed at the close of all of the evidence and again the court reserved its ruling, permitting the jury to have the case. It returned a verdict…