General Portland Cement Company v. Barbara Walker

WISDOM, Circuit Judge.

The defendant, General Portland Cement Company, appeals from a jury verdict and judgment in a personal injury death action. The complaint alleges that the decedent, Ernest Walker, was drowned when his truck went off the road into a canal because of the defendant’s negligence in failing to maintain the road in proper condition or to barricade the road. The defendant’s sole contention on appeal is that the trial judge erred in failing to direct a verdict for the defendant on the ground that as a matter of law Walker’s contributory negligence was the proximate cause of the…