Lanier v. Great Atlantic & Pacific Tea Corp.

SANBORN, Circuit Judge.

This is an appeal from a judgment in favor of the defendant (appellee) in a personal injury action tried to a jury. At the close of the plaintiff’s evidence, the defendant, without resting its case, moved for a directed verdict, which the District Court granted. This appeal followed the entry of the judgment on the verdict. The sole question for decision is whether, under the plaintiff’s evidence and the applicable substantive law of Arkansas, the defendant was entitled to a directed verdict at the close of the plaintiff’s evidence.

On July 21, 1951, the plaintiff, while…