Miles v. Ryan

VAN DUSEN, Circuit Judge.

Plaintiff1 2appeals from a district court judgment for defendant Ryan entered on the jury’s verdict finding the plaintiff was contributorily negligent in a diversity,2 survival and wrongful death action. Plaintiff contends that the jury’s verdict was against the weight of the evidence, that the district court erred when it excluded evidence of drinking on the part of one of the defendants3 prior to the accident, and because the district court committed numerous errors in its charge.4

The accident causing the decedent’s death occurred on December 17, 1965, on the…