Evansville Container Corporation v. McDonald

HAMILTON, Circuit Judge.

Appellant has challenged the validity of a $25,000.00 judgment entered upon the verdict of a jury in an action by appellee to recover damages because of the death of her deceased husband. A remittitur of $5,000.00 was awarded by the court and accepted. Appellants assign two errors: the overruling of their motion for a directed verdict and the charge of the court on the rule of the last clear chance.

Assuming as established all of the facts that the evidence supporting appellee’s claim reasonably tends to establish and drawing in her favor all inferences fairly deducible…