Duncan v. Montgomery Ward & Co.

TRIMBLE, District Judge.

The plaintiff, Luther M. Duncan, brings this action against the Montgomery Ward *5& Company, for personal injuries which he alleges he received while in their employ, through the negligence of a fellow servant. There was a trial to a jury and a verdict for the plaintiff. Within apt time the defendant filed a motion for judgment notwithstanding the verdict, and for a new trial in the alternative. The motion was argued orally to the Court and counsel for both parties have submitted well prepared briefs.

The question for consideration in this case is whether or not there is…