F. W. WOOLWORTH CO. v. CARRIKER

No. 11193.

107 F.2d 689 (1939)

F. W. WOOLWORTH CO. v. CARRIKER et al.

Circuit Court of Appeals, Eighth Circuit.

November 17, 1939.


Attorney(s) appearing for the Case

Lon O. Hocker, of St. Louis, Mo. (James C. Jones, Jr., Case, Voyles & Stemmler, and Jones, Hocker, Gladney & Grand, all of St. Louis, Mo., on the brief), for appellant.

Roberts P. Elam, of St. Louis, Mo. (Mark D. Eagleton and Eagleton, Waechter, Yost, Elam & Clark, all of St. Louis, Mo., on the brief), for appellees.

Before STONE, GARDNER, and THOMAS, Circuit Judges.


STONE, Circuit Judge.

From a judgment on verdict in a personal injury case defendant brings this appeal.

The only matter presented here is the sufficiency of the evidence to authorize submission of the case to the jury. At the conclusion of the evidence for the plaintiff, defendant filed a motion for an instructed verdict, as follows:

"At the close of the evidence on behalf of plaintiffs, defendant moves the court to charge the jury that under the...

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