Kenneth Jerry Nunley v. Pettway Oil Company

EDWARDS, Circuit Judge.

This is a diversity ease. Plaintiff was injured by a truck which fell off a grease rack in a gas station. There were two defendants. The first was the operator of the station, one Owens, as to whom a verdict and judgment of $25,000 was entered and not disturbed on motion for judgment non obstante veredicto. The second was the owner of the gas station, defendant-appellee herein, Pettway Oil Company, as to whom the $25,000 verdict also applied. The trial judge, however, granted a motion for judgment n. o. v. as to defendant Pettway because of the jury’s answer to a…