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