Millard Smith Marshall and Melvin Pettit v. Carl E. Mintz

This is an appeal from a judgment entered upon a jury verdict awarding appel-lee damages in a personal injury diversity case.

The appellants contend that the district court erred in denying their motion for judgment notwithstanding the verdict because there was no proof of appellants’ negligence, but on the contrary the only reasonable inference to be drawn was that appellee’s own negligence was the proximate cause of injuries. On oral argument appellant’s counsel, with candor, admitted that there was sufficient evidence to sustain a jury finding that appellants were negligent but insisted…