Mildred F. Houston and M. C. Houston v. Wayne Herring, Individually, Jay Buchbinder Industries

Appellant brought this diversity action to recover for damages sustained when she tripped over the tubular bar connecting a table and bench at a McDonald’s hamburger franchise in Pascagoula, Mississippi. All defendants save the manufacturer of the table unit were dismissed. Judgment for the defendant was entered on a jury verdict. Appellant complains that the trial court erred in granting defendant’s instructions 6, 7, 8 and 10, 1 stating that if plaintiffs failed to prove negligence on the part of defendant the jury must enter a verdict for defendant.

The manner of giving instructions is a…