MILLER v. BOSTON INSURANCE COMPANY

No. 17601.

271 F.2d 9 (1959)

Elmer MILLER, Appellant, v. BOSTON INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

October 6, 1959.


Attorney(s) appearing for the Case

Charles L. Howard, Jr., Birmingham, Ala., Joe Starnes, Jr., Starnes & Starnes, Guntersville, Ala., and Rogers, Howard & Redden, Birmingham, Ala., for appellant.

W. B. Fernambucq, Thomas B. Huie, Huie, Fernambucq & Stewart, Birmingham, Ala., for appellee.

Before RIVES, Chief Judge, and CAMERON and JONES, Circuit Judges.


CAMERON, Circuit Judge.

Appellant Miller, plaintiff below, appeals from a judgment entered upon jury verdict directed by the court at the close of his evidence, in favor of appellee Boston Insurance Company, defendant below. Miller was engaged in constructing a building at Boaz, Alabama for occupancy by the Piggly-Wiggly Corporation. Just prior to its completion, the building collapsed because its front basement wall gave...

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