Mateas v. Harvey

STEPHENS, Circuit Judge.

Plaintiff-appellant brought action against appellee for damages for personal injuries incurred when he fell from a mule belonging to appellee, herein called the Corporation. The complaint was originally filed in the Superior Court of California, but the case was removed to federal court because of diversity of citizenship. Trial was had without the aid of a jury under a stipulation to that effect. At the close of plaintiff’s case the court granted defendant’s motion to dismiss, and plaintiff appeals.

There is competent evidence to the following effect:

For many years,…