Wilbur E. Thomas, Appellant, v. Akin Equipment, Inc., et al., Appellee, 309 F.2d 331 (5th Cir. 1962)

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U.S. Court of Appeals for the Fifth Circuit - 309 F.2d 331 (5th Cir. 1962)

November 7, 1962

Clyde Mason, Memphis, Tenn., for appellant.

James E. Clark, Birmingham, Ala., London, Yancey, Clark & Allen, Birmingham, Ala., of counsel, for appellee.

Before RIVES, JONES and BELL, Circuit Judges.


This negligence action was submitted to the jury without a motion for directed verdict and resulted in a verdict for defendant. The trial court denied a motion for new trial. The evidence was conflicting and a jury question was presented. Appellant is bound. Baten v. Kirby Lumber Company, 5 Cir., 1939, 103 F.2d 272; Stokes v. Continental Assurance Co., 5 Cir., 1957, 242 F.2d 893; and Greyhound Corporation v. Dewey, 5 Cir., 1957, 240 F.2d 899.

The judgment is