Legal Opinion
Joseph W. Harner v. John McShain Inc., of Maryland, a Corporation
Court of Appeals for the Fourth Circuit
Decided April 30, 1968No. 11933_1PublishedCited by 14 opinions
1Opinion of the Court
CRAVEN, Circuit Judge:
This is a negligence action brought in a West Virginia state court and removed to the federal district court by reason of diversity of citizenship. The sole issue presented on appeal is whether the plaintiff was guilty of contributory negligence “as a matter of law.”
The case was tried before a jury which returned a verdict in favor of the plaintiff for $8,000. The trial judge thereafter set the verdict aside and entered judgment n. o. v. for the defendant. Fed. R.Civ.P. 50(b). In so doing the trial judge stated that he had no trouble in finding ample evidence to support…
2Cases cited5 opinions
- Lavender v. KurnSupreme Court of the United States · 1946
- Berry v. United StatesSupreme Court of the United States · 1941
- Planters Manufacturing Company v. Protection Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1967
- Petros v. KellasWest Virginia Supreme Court · 1961
- John v. Grombach v. Oerlikon Tool and Arms Corporation of America, a CorporationCourt of Appeals for the Fourth Circuit · 1960
3Cited by14 opinions
- John S. Mays v. Pioneer Lumber Corporation, a West Virginia CorporationCourt of Appeals for the Fourth Circuit · 1974
- Jack Lust, Jr. v. Clark Equipment Co., Inc., John Cecil Lewis Co., Inc., Third-Party v. Floyd Stephen Chapman, Third-PartyCourt of Appeals for the Third Circuit · 1986
- Johns Hopkins University v. HuttonDistrict Court, D. Maryland · 1968
- Frasca v. Prudential-Grace Lines, Inc.District Court, D. Maryland · 1975
- George Hardee v. North Carolina Allstate Services, Inc.Court of Appeals for the Fourth Circuit · 1976
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