The Indiana National Bank of Indianapolis, Adiministrator of the Estate of Rudy R. Flanigan, Deceased v. De Laval Separator Co.

CUMMINGS, Circuit Judge.

This diversity action was brought to recover damages for the death of plaintiff’s decedent. The first count was based on negligence, and the second on implied warranty. The question here is whether the District Court properly directed a verdict for the defendant at the close of the case.

Because a verdict was directed for defendant, the evidence of course must be viewed most favorably for plaintiff. So viewed, the following facts are revealed by this record: Plaintiff’s decedent was employed as a foreman in the Indianapolis plant of Standard Brands, Inc. On September…