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LARSON v. TRI-CITY ELECTRIC SERVICE CO.

No. 8070.

132 F.2d 693 (1943)

LARSON v. TRI-CITY ELECTRIC SERVICE CO.

Circuit Court of Appeals, Seventh Circuit.

January 20, 1943.

Attorney(s) appearing for the Case

Ora L. Wildermuth, Russell H. Nehrig, and Geo. E. London, all of Gary, Ind., and J. B. Walters, of Hammond, Ind. (Wildermuth & Force, of Gary, Ind., and M. Clyde Brown, of Hammond, Ind., of counsel), for appellant.

Timothy P. Galvin, Francis J. Galvin, and Edmond J. Leeney, all of Hammond, Ind., for appellee.

Before EVANS, SPARKS, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Defendant appeals from a judgment for plaintiff for personal injuries, insisting that the trial court (1) erroneously refused to define the legal relationship of plaintiff and defendant as one imposing upon defendant liability only for wanton and willful injury, (2) should have directed a verdict of not guilty because (a) no negligence of defendant was proved, (b) under the evidence plaintiff was guilty of contributory negligence as a matter...

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