Pauline Early v. John A. Cooper Company, Successor to Cherokee Village Development Company, Inc.

VAN PELT, Senior District Judge.

This is a negligence case. Plaintiff seeks to recover for injuries sustained from a fall in a bath tub on July 18,1966, while an invited guest of defendant. A jury was waived and trial was had to the court. Upon dismissal of plaintiff’s claims, 1 a motion for new trial was filed with the additional request for permission to request a jury. This was denied and this appeal follows. We affirm.

The facts are not in dispute. Plaintiff and her party were invited guests in one of defendant’s guest facilities at Bella Vista Village, a massive land development and resort…