Ford Motor Company, a Corporation v. Marvin D. Zahn

MATTHES, Circuit Judge.

This is a Minnesota negligence action, in which appellee-plaintiff received a judgment for $26,350 following jury verdict, as damages for loss of his eye occasioned by a defective ash tray in a Ford automobile manufactured by appellant-defendant. Jurisdiction rests on diversity and amount in controversy. At the conclusion of all of the evidence, defendant moved unsuccessfully for a directed verdict; and after trial, moved for judgment notwithstanding the verdict. Following denial of the latter, defendant appealed.

Since defendant’s contention is that, under all the facts…