Elmer H. Isaacs v. American Petrofina and Glen Mitchell

COLEMAN, Circuit Judge:

This is another diversity case, whose number is legion, in which a federal court, with an eye on Erie [Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188], must attempt to fathom, until the State Court says otherwise, a question of state law. The suit was for personal injuries suffered by a business invitee in a fall in a gasoline service station. Trial began to a jury. Defendant was granted a directed verdict at the close of plaintiff’s proof. We reverse and remand for a new trial.

The Plaintiff, Isaacs, was driving through Texas with Mr. Carrell Cone on…