Porto v. Peden

MARSH, District Judge.

In this diversity negligence action the jury returned a verdict in favor of the defendants upon which judgment was entered. The plaintiff timely moved for a new trial assigning 9 reasons therefor. In our opinion the motion should be denied.

The first reason assigned states: “1. The judgment is contrary to the legal and competent evidence.”

We do not think this ground has any merit. The verdict of the jury was in accordance with the evidence and the law. The evidence was overwhelming that Jay Pore, the operator of the vehicle involved, was an employee of Lincoln Homes…