James Born v. Al Osendorf and Robert J. Osendorf

MATTHES, Circuit Judge.

James Born, appellant, plaintiff below and so designated here, sustained injuries in a collision between his tractor-trailer and appellees-defendants’ farm truck, for which a jury awarded plaintiff $16,000. However, the trial court sustained defendants’ motion n. o. v. and entered judgment dismissing plaintiff’s cause of action. 1 Plaintiff has appealed.

This being a diversity case, the substantive law of the state where the collision occurred, North Dakota, is controlling.

In granting judgment n. o. v., the court expressed the opinion that “Plaintiff’s evidence was…