La Guerra v. Brasileiro

C. E. CLARK, Circuit Judge.

The error herein assigned is the district court’s action in holding the plaintiff’s evidence insufficient to merit the jury’s consideration in a personal injury action brought under the diversity-of-citizenship jurisdiction of the court. The plaintiff suffered his injuries while unloading a vessel owned by the defendant corporation; and since the plaintiff had seventeen years of experience in such activities, a sophisticated trier of facts would naturally look askance at an injury caused him by falling bags. " Under such circumstances it is easy to accept as legal…