Alvin L. Jones, Plaintiff-appellee, v. Payless Stations, Inc., and George W. Parris, Sr.,defendants-appellants, 289 F.2d 492 (6th Cir. 1961)

This is an appeal from the United States District Court, for the Western District of Kentucky. The plaintiff-appellee recovered a judgment in said court in the sum of $25,000 against the defendants-appellants.

Upon consideration of the record, the oral arguments and briefs of counsel, the Court finds that the question of neligence Court finds that the question of negligence to the jury; that there was substantial evidence to support the jury's finding of negligence against the defendants-appellants and that such negligence was the proximate cause of the injury to the plaintiff-appellee; the Court further finds that the plaintiff-appellee was not guilty of negligence as a matter of law and that the finding of the jury that there was no negligence on the part of the plaintiff-appellee, which contributed to his injury, is not contrary to the weight of the evidence. And the Court finds further that there is no merit to the claim of the defendants-appellants that the Ohio Casualty Insurance Company should have been made a party to the action.

It is therefore ordered, adjudged and decreed that the judgment of the District Court be and it is hereby affirmed.