Dale N. Zink v. Edwin A. Radewald, Jr.

CASTLE, Circuit Judge.

Dale N. Zink, the plaintiff-appellant, brought this diversity action in the District Court against Edwin A. Radewald, Jr., the defendant-appellee, to recover damages allegedly caused by negligence of the defendant in operating a motor vehicle. The case was tried to a jury, and at the close of the plaintiff’s evidence the trial judge directed a verdict for the defendant. Judgment was entered upon the verdict and plaintiff appealed.

Plaintiff contends that the District Court erred in withdrawing the case from the jury. Thus, the sole contested issue presented for…