Monsanto Chemical Company v. Edwin R. Payne

354 F.2d 965

MONSANTO CHEMICAL COMPANY, Appellant,

v.

Edwin R. PAYNE, Appellee.

No. 21900.

United States Court of Appeals Fifth Circuit.

Jan. 11, 1966, Rehearing Denied Feb. 23, 1966.

John N. Touchstone, Houston, Tex., for appellant.

George E. Pletcher, Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, COLEMAN, Circuit Judge, and HUNTER, District Judge.

COLEMAN, Circuit Judge:

1

This is a diversity action for the recovery of damages alleged to have been sustained as a proximate result of negligence of the defendant. At the close of plaintiff's proof, the trial court denied defendant's motion for a…