Ernie W. Anderson v. Teddy Rosebear

VAN OOSTERHOUT, Circuit Judge.

Plaintiff, Rosebear, brought a common law negligence action against his employer, a North Dakota farmer, to recover damages for personal injuries received when plaintiff, while performing his duties as an agricultural laborer, was thrown off a grader. Jurisdiction is based upon diversity of citizenship and the claim exceeding $3,000. The case was tried to the court without a jury. This appeal is from judgment awarding plaintiff damages. The facts and the trial court’s conclusions are set out in his opinion reported at 143 F.Supp. 721.

As his principal ground for…