ALUMINUM COMPANY OF AMERICA v. WARD

No. 12539.

231 F.2d 376 (1956)

ALUMINUM COMPANY OF AMERICA. Appellant, v. Cecile Stout WARD, Appellee.

United States Court of Appeals Sixth Circuit.

April 10, 1956.


Attorney(s) appearing for the Case

R. R. Kramer, Knoxville, Tenn., (Charles E. McNabb, Kramer, Dye, McNabb & Greenwood, Knoxville, Tenn., on the brief), for appellant.

W. W. Piper, Knoxville, Tenn., (H. G. Fowler, Fowler, Rowntree & Fowler, Knoxville, Tenn., on the brief), for appellee.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.


SIMONS, Chief Judge.

For the death of her husband, William A. Ward, the appellee sought and obtained a judgment against the appellant based upon negligence. A first trial of the issues involved having proved abortive because of failure of the jury to agree, the case was retried resulting in the presently challenged judgment. The appellant's motion for judgment in its favor notwithstanding the verdict, having been denied, it appealed.

Ward was a truck driver...

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