BALL v. SEARS, ROEBUCK AND COMPANY

No. 15458.

223 F.2d 695 (1955)

James Hugh BALL, Jr., Appellant, v. SEARS, ROEBUCK AND COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

June 24, 1955.


Attorney(s) appearing for the Case

Walter M. Campbell, W. R. Vance, Birmingham, Ala., for appellant.

James E. Clark, George W. Yancey, Birmingham, Ala., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

We are here presented with a case in which the plaintiff in a personal injury suit made out a case of negligence as a matter of law and thus became entitled to at least nominal damages, but against whom the jury found its verdict. There was a real issue as to the extent of any injury suffered by the appellant but there can be no dispute about his being entitled to a finding in his favor as to a negligent injury. The usual motion for new trial...

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