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PALMER v. MILLER

No. 12923.

145 F.2d 926 (1944)

PALMER v. MILLER.

Circuit Court of Appeals, Eighth Circuit.

December 18, 1944.

Attorney(s) appearing for the Case

Charles M. Miller, of Kansas City, Mo. (Edwin S. McAnany and Omar E. Robinson, both of Kansas City, Mo., on the brief), for appellant.

Arthur C. Popham, of Kansas City, Mo. (Cowgill & Popham and Sam Mandell, all of Kansas City, Mo., on the brief), for appellee.

Before SANBORN, THOMAS, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

This appeal is from a judgment for the defendant (appellee) entered upon the verdict of a jury in an action brought by the plaintiff (appellant) to recover damages for injuries to his left ear which were alleged to have been caused by the defendant's negligence. Jurisdiction was based on diversity of citizenship.

In his points relied upon for reversal, the plaintiff challenges: (1) The instructions...

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