Clarence Albers v. Continental Grain Company

SCHNACKENBERG, Circuit Judge.

Defendant appeals from a judgment of the District Court awarding plaintiff damages for personal injuries sustained in a building used by defendant for the purpose of receiving grain purchased by it from various vendors and delivered to said building in trucks by or at the direction of the vendors. The judgment is based upon the verdict of a jury. The errors relied on arise out of the court’s failure to grant defendant’s motions to direct a verdict for the defendant.

The first contention of the defendant is that the plaintiff failed to prove that he was in the…