Charles W. Farrell v. Robert B. Weinard

WARLICK, District Judge.

This is an appeal by plaintiff from a dismissal of his action, under Rule 50, Fed.Rules Civ.Proc. 28 U.S.C.A., at the close of all the evidence offered in the trial below, and brings up for review the negligence claimed to warrant a recovery. Plaintiff and his companion, Cochran, were enlisted men stationed at the Charleston Air Force Base, and around 6:30 in the evening of March 3, 1955, left the Base on leave, spending the next several hours or more drinking beer at various taverns along South Carolina Highway 52, which links the Air Base with the City of Charleston.…