Gene W. Gunn v. International Harvester Company

O’SULLIVAN, Circuit Judge.

Appellant Gene W. Gunn, plaintiff in the action involved, appeals from a summary judgment entered in favor of defendant-appellee, International Harvester Co., in the District Court for the Western District of Tennessee. On the facts revealed and admitted in the pleadings, the discovery deposition of the plaintiff, and the affidavits on file in the case, the District Judge held that plaintiff Gunn had, as a matter of law, been guilty of contributory negligence which barred his negligence action against International Harvester. This is a diversity case.

The facts before…