Martin v. E. I. Du Pont De Nemours & Co.

VAN DUSEN, District Judge.

There is now before the court plaintiff’s motion for a new trial, filed after the grant of defendant’s motion for a directed verdict under F.R.Civ.P. 50, 28 U.S.C.A., at the conclusion of plaintiff’s case, in this personal injury action tried to the court.

On September 7, 1955, plaintiff was employed by third-party defendant in helping to load and unload a truck which hauled rubbish from various business plants to a dump in Philadelphia. On the afternoon of that day (N. T. 9), his truck picked up some drums weighing 300 to 500 pounds from defendant’s plant at 3500…