Breece-White Mfg. Co. v. Baker

STONE,, Circuit Judge.

This is an appeal from a judgment entered on verdict for plaintiff in a personal injury suit.

Appellant presents here the claimed error of the trial court in denying its motion for a directed verdict at the close of all the evidence. Two reasons are urged why this motion should have been granted, to-wit, (1) insufficiency of the evidence, and (2) assumption of risk under the undisputed evidence.(1) Sufficiency of Evidence.

The injury was a severe scalding of plaintiff occasioned by the explosion or blowing off of a radiator cap of a tractor, being operated by plaintiff as…