Fugate v. Brockway, Inc.

SPROUSE, Circuit Judge:

This appeal concerns a dispute between a warehouseman, Fugate Contract Carrier (“Fugate”),1 and Brockway, Inc. (“Brock-way”), a depositor of glass bottles, concerning liability for pest infestation of the area in Fugate’s warehouse where the bottles were deposited. A jury found that Fu-gate’s negligence proximately caused the damages resulting from the infestation, but found that Brockway could not recover because it had been contributorily negligent. The principal issue is whether the district court correctly charged the jury that Broekway’s claim could be defeated by…