James Hugh Ball, Jr. v. Sears, Roebuck and Company

TUTTLE, Circuit Judge.

We are here presented with a case in which the plaintiff in a personal injury suit made out a case of negligence as a matter of law and thus became entitled to at least nominal damages, but against whom the jury found its verdict. There was a real issue as to the extent of any injury suffered by the appellant but there can be no dispute about his being entitled to a finding in his favor as to a negligent injury. The usual motion for new trial having been made on the ground, among others, that “the verdict is contrary to the evidence which is without conflict that the…