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GREAT ATLANTIC & PACIFIC TEA COMPANY v. PEDERSEN

No. 5223.

247 F.2d 4 (1957)

The GREAT ATLANTIC & PACIFIC TEA COMPANY, Defendant, Appellant, v. Miner C. PEDERSEN, Executor (by substitution), Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided July 8, 1957.

Attorney(s) appearing for the Case

Charles W. O'Brien, Boston, Mass., with whom Brickley, Sears & Cole, Boston, Mass., was on the brief, for appellant.

William H. Diamond, Boston, Mass., with whom Harry Kisloff, Boston, Mass., was on the brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

Hilma Pedersen filed her complaint in the court below, founded on diversity of citizenship, seeking damages for personal injuries suffered by her in Essex, Maryland, on December 24, 1952. The only error pressed on appeal is the failure of the trial judge to upset a plaintiff's verdict and enter judgment for defendant notwithstanding the verdict, pursuant to motions filed by the defendant under Rule 50(b), F.R.Civ.P., 28 U.S. C.A.

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