Dierks Lumber & Coal Co. v. Mabry

SANBORN, Circuit Judge.

The appellant (defendant) has challenged the validity of a judgment for the appellee (plaintiff) entered upon the verdict of a jury in an action to recover damages for personal injuries alleged to have been sustained by the plaintiff as the result of the negligeñ'ce of the defendant.The defendant asserts that the court erred in denying its motion for .a directed verdict and its subsequent motion for judgment notwithstanding the verdict. The only question for consideration is whether, as a matter of law, the defendant was entitled to a judgment in its favor. -

In her…