KEEGAN v. ANCHOR INNS, INC.

No. 78-2134.

606 F.2d 35 (1979)

John KEEGAN v. ANCHOR INNS, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 24, 1979.


Attorney(s) appearing for the Case

David V. O'Brien, O'Brien & Moore, Christiansted, St. Croix, V. I., for appellant.

John K. Dema, Christiansted, St. Croix, V. I., John B. Murphrey (argued), Riddle, Murphrey, O'Quinn & Cannon, Houston, Tex., for appellee.

Before ROSENN, MARIS and HUNTER, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is an appeal from the judgment entered in a personal injury/negligence action. The question presented is whether, despite the fact that the Virgin Islands has enacted a comparative negligence statute, the evidence introduced at trial required that the court deliver a jury instruction on assumption of risk. The district court declined to do so, finding that the evidence did not warrant the charge...

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