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MOORE v. ORDER MINOR CONVENTUALS

No. 7777.

267 F.2d 296 (1959)

Terrell Morgan MOORE, by His Next Friend, Elizabeth Mears Moore, Appellant, v. ORDER MINOR CONVENTUALS, A Corporation (heretofore designated as Franciscan Order of Monks), and Father Jerome Dukette, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 22, 1959.

Attorney(s) appearing for the Case

T. A. Uzzell, Jr., and Kester Walton, Asheville, N. C. (Harkins, Van Winkle, Walton & Buck, and Uzzell & Dumont, Asheville, N. C., on brief), for appellant.

Joel B. Adams, Asheville, N. C., (Adams & Adams and Anthony Redmond, Asheville, N. C., on brief), for appellees.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and BOREMAN, District Judge.

SOBELOFF, Chief Judge.

The fifteen year old plaintiff brought this suit under the diversity jurisdiction of the District Court to recover damages for severe injuries which he sustained in an explosion in the chemistry laboratory of the high school he attended. At the conclusion of the testimony, the District Judge withdrew the case from the jury and directed a verdict for the defendants, the school and its principal. It was the District Judge's view, first, that there...

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