HARNER v. JOHN McSHAIN, INC., OF MARYLAND

No. 11933.

394 F.2d 480 (1968)

Joseph W. HARNER, Appellant, v. JOHN McSHAIN, INC., OF MARYLAND, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 30, 1968.


Attorney(s) appearing for the Case

Clark B. Frame, Morgantown, W. Va. (Joseph W. Harner, in pro. per., on brief), for appellant.

Albert M. Morgan, Morgantown, W. Va., for appellee.

Before BRYAN and CRAVEN, Circuit Judges, and MacKENZIE, District Judge.


CRAVEN, Circuit Judge:

This is a negligence action brought in a West Virginia state court and removed to the federal district court by reason of diversity of citizenship. The sole issue presented on appeal is whether the plaintiff was guilty of contributory negligence "as a matter of law."

The case was tried before a jury which returned a verdict in favor of the plaintiff for $8,000. The trial judge thereafter set the verdict aside and entered judgment n....

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