James Matthews, D/B/A Superior Products v. Federal Compress and Warehouse Company

AINSWORTH, Circuit Judge:

This is a Mississippi diversity action for damages arising out of the partial collapse of defendant’s warehouse and resulting water damage to goods stored by plaintiff therein. Suit was originally filed in state court and later removed to the federal district court. At the close of plaintiff’s evidence the trial judge directed a verdict in favor of defendant, based on his reading of the parties’ contract and application of a recent Mississippi Supreme Court decision. Plaintiff appeals. We reverse and remand.

On February 2, 1976, plaintiff James Matthews, d/b/a Superior…