Moore v. Order Minor Conventuals

WARLICK, District Judge.

This action was tried before the court and a jury at the July-August Special Term of the Asheville Division. It was originally instituted in the Superior Court of Buncombe County in the Western District of North Carolina and on the grounds of a diversity of citizenship was removed to this court. Section 1332, Title 28, U.S.C.

The action is laid in negligence and under proper allegations plaintiff seeks a recovery in the sum of $300,000. At the conclusion of the evidence for the plaintiff a motion was made by the defendants to dismiss the action under Rule 41(b) of the…