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MAYS v. PIONEER LUMBER CORPORATION

No. 72-2329.

502 F.2d 106 (1974)

John S. MAYS, Appellant, v. PIONEER LUMBER CORPORATION, a West Virginia corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1974.

Attorney(s) appearing for the Case

W. Dale Greene, Charleston, W. Va. (Paul E. Whitehead, Sr., Lynchburg, Va., on brief), for appellant.

George S. Sharp, Charleston, W. Va., for appellee.

Before WINTER, CRAVEN and RUSSELL, Circuit Judges.

CRAVEN, Circuit Judge:

John Mays, a contract timber hauler, was seriously injured by two logs that fell or were pushed from his truck while he was unloading at Pioneer Lumber Company's sawmill in Frametown, West Virginia. He brought this suit under the diversity jurisdiction of the district court, alleging that the accident was caused by the negligence of one of Pioneer's employees. The first trial ended with a hung jury. The second jury returned a $40,000 verdict...

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