(DOWNLOAD) "Byers v. United States." by United States Court of Appeals Tenth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Byers v. United States.
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 06, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Appellee, Arnold Cudd, instituted this action against appellant, E. I. du Pont de Nemours and Company, herein called Du Pont, in the District Court of Denver County, Colorado. Diversity of citizenship and jurisdictional amount being present, the case was removed to the United States District Court for Colorado. The complaint alleged that Du Pont "negligently, carelessly, and recklessly caused an explosion of a charge of nitroglycerin; and as a result of said negligence, carelessness and recklessness on the part of the defendant and said explosion, plaintiff was injured." Defendants answer traversed the allegation of negligence and affirmatively alleged contributory negligence and assumption of risk. At the close of plaintiffs evidence and again at the close of all the evidence, defendant moved for a directed verdict. The trial court reserved its ruling on both motions and permitted the case to go to the jury under instructions which included a usual instruction requiring a finding of negligence if defendant was to be held liable. The jury returned a verdict for plaintiff, the court entered judgment thereon, and this appeal followed.