COLLINS v. RISNER

No. 7864.

269 F.2d 654 (1959)

James E. COLLINS, Jr., Appellant, v. Herndon E. RISNER, d/b/a Capital Trucking Company, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 6, 1959.


Attorney(s) appearing for the Case

Solomon Blatt, Jr., Barnwell, S. C., and Thomas B. Whaley, Columbia, S. C. (Whaley & McCutchen, Columbia, S. C., and Blatt & Fales, Barnwell, S. C., on brief), for appellant.

T. B. Bryant, Jr., and Fred R. Fanning, Jr., Orangeburg, S. C., for appellee.

Before HAYNSWORTH, Circuit Judge, and BARKSDALE and BRYAN, District Judges.


BARKSDALE, District Judge.

This diversity personal injury action has been twice tried in the district court. The jury being unable to agree upon a verdict at the first trial, a mistrial was declared and the judge refused defendant's motion for judgment in accordance with his motion for a directed verdict made during the trial. D.C., 23 F.R.D. 14. During the second trial, the judge reserved decision on defendant's motion for a directed verdict, made at the close of...

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