Michael Stevens v. Diamondhead Corporation, Edison Autman v. Diamondhead Corporation

Plaintiffs appeal from an adverse verdict directed by the District Court on defendant’s motion at conclusion of plaintiffs’ case. The sole question is whether the court erred in granting the motion for a directed verdict. We affirm.

Defendant-appellee admits that it owed a duty to plaintiffs-appellants. However, in view of plaintiffs’ knowl edge or imputed knowledge that the highway and bridge on which the accident occurred were under construction and the fact that defendant-appellee was not in possession or control thereof, we are satisfied that, as a matter of law, the duty owed…