Empire District Electric Co. v. Rupert

THOMAS, Circuit Judge.

This is an action for damages for personal injuries. A judgment based upon the verdict of a jury for the plaintiff for $25,-000 was entered, and the defendant appeals.

Jurisdiction of the federal court is based on diversity of citizenship and the amount involved.

The defendant owns and operates an hydroelectric plant on the White river in Taney County, Missouri. In connection with its business it owns and operates a dam on the river approximately 50 feet high from the bed of the river.

The plaintiff in his complaint alleged that on June 12, 1950, while navigating the lake…