James E. Martin v. E. I. Dupont De Nemours & Co., Inc. v. Schiavo Brothers, Inc

HASTIE, Circuit Judge.

At the trial of this diversity action for negligent personal injury the district court granted the defendant’s motion under Rule 50, 28 U.S.C.A., for a directed verdict at the end of plaintiff’s case. 1 From the resulting judgment for the defendant the plaintiff has appealed. Also in question is the action of the district judge in denying a new trial sought under Rule 60 on the ground of newly discovered evidence.

Appellant’s evidence, ' principally his own testimony, showed that he suffered a serious second-degree acid burn on his left foot when some of the contents of a…