Gaunt v. Lloyds America of San Antonio

• McMILLAN, District Judge.

When this case came on for trial before a jury, the pleadings instead of being read were stated by counsel, as is frequently the custom in this court. Plaintiff’s counsel stated that jurisdiction was based on diversity of citizenship, coupled with the requisite amount in controversy. No question was raised as to this matter either orally or in writing by counsel for the defendant and the case proceeded to trial before the jury.

At the conclusion of the evidence the defendant filed two motions for instructed verdicts, both of which were overruled. A verdict for…