Legal Opinion

Shipe v. Leavesley Industries, Inc.

District Court, E.D. Tennessee

Decided May 7, 1971No. Civ. A. No. 7226Published

1Opinion of the Court

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Leavesley Industries, Inc. has moved the Court for a judgment in its favor notwithstanding the verdict of the jury *192based upon the sole ground that the Court should reconsider its prior action in overruling the motion for a directed verdict and now sustain the motion on the ground that plaintiff was guilty of contributory negligence as a matter of law. The verdict was for $75,000.00.

The question of contributory negligence is ordinarily a question for the jury. Jenkins v. Associated Transport, Inc., 330 F.2d 706, 711 (C.A. 6 1964).

In passing upon a…

2Cases cited11 opinions

  1. Werthan Bag Corp. v. Agnew. Agnew v. Werthan Bag CorpCourt of Appeals for the Sixth Circuit · 1953
  2. Management Services, Inc. v. HellmanCourt of Appeals of Tennessee · 1955
  3. Town of Clinton v. DavisCourt of Appeals of Tennessee · 1943
  4. Foster & Creighton Co. v. HaleCourt of Appeals of Tennessee · 1949
  5. Mrs. Fletcher Harvey Jenkins, Administratrix v. Associated Transport, Inc., Frank L. Whaley v. Associated Transport, Inc.Court of Appeals for the Sixth Circuit · 1964

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