McMeekin v. Gimbel Brothers, Inc.

MARSH, District Judge.

At the close of the plaintiffs’ evidence in this diversity case, the court granted defendant’s motion for a directed verdict, specifying as grounds therefor: (1) Insufficient evidence of causation, (2) failure to prove negligence, and (3) failure to prove a breach of warranty. Rule 50, Fed.R.Civ.P. Plaintiffs timely moved for a new trial. Rule 59, Fed.R.Civ.P. We think the motion should be denied.

Insufficient Evidence

At trial it was proved that an Eska rotary-type lawnmower, manufactured by The Eska Corporation, an Iowa corporation, was purchased by the plaintiff, John…