Cummings v. Whitney

CHASE, Circuit Judge.

Invoking the diversity jurisdiction of the District Court, the appellee, as administra-trix of the estate of Charles Marro, sued to recover damages under Vermont law for his death. He was accidentally killed when hit by the front end of a truck driven by the appellant on a main traveled street in the business section of Springfield, Vt. This appeal is from a final judgment entered on a verdict in her favor. The appellant relies for reversal upon the denial of a motion for a directed verdict, of a motion to set aside the verdict, and of a motion for judgment non obstante…