MARSHALL v. MINTZ

No. 24520.

386 F.2d 415 (1967)

Millard Smith MARSHALL and Melvin Pettit, Appellants, v. Carl E. MINTZ, Appellee.

United States Court of Appeals Fifth Circuit.

December 1, 1967.


Attorney(s) appearing for the Case

Richard M. Gale, E. S. Corlett, III, Sherouse & Corlett, Miami, Fla., for appellants.

Robert Orseck, Nichols, Gaither, Beckham, Colson, Spence & Hicks and Podhurst & Orseck, Miami, Fla., for appellee.

Before JONES and DYER, Circuit Judges, and CASSIBRY, District Judge.


PER CURIAM:

This is an appeal from a judgment entered upon a jury verdict awarding appellee damages in a personal injury diversity case.

The appellants contend that the district court erred in denying their motion for judgment notwithstanding the verdict because there was no proof of appellants' negligence, but on the contrary the only reasonable inference to be drawn was that appellee's own negligence was the proximate cause of injuries. On oral argument...

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