Frankel v. Burke's Excavating, Inc.

OPINION OF THE COURT

SEITZ, Circuit Judge.

These diversity actions were brought to recover damages resulting from the tragic deaths of two young boys who fell through the ice on an unused water hole located near the center of defendant-corporation’s 44 acre property. These actions were consolidated below and will here be referred to as- the “case”. The district court deferred ruling on defendant’s motion for a directed verdict and submitted the case to the jury on special interrogatories. The jury’s answers to the interrogatories compelled entry of judgment for the defendant. Thereafter, the…