[DOWNLOAD] "Planters Manuf. Co. v. Protection Mutual Ins. Co." by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Planters Manuf. Co. v. Protection Mutual Ins. Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 26, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
The ultimate dispute here is whether plaintiffs soybean storage warehouse was damaged by a bean dust explosion (in which case defendant would be liable for the damage under a contract of insurance), or by a structural failure resulting from inadequate design, overloading, or a combination of both (risks not covered by the policy). Invoking the diversity jurisdiction of the United States District Court for the Northern District of Mississippi, plaintiff sought a judicial determination of this controversy. A jury resolved the dispute in plaintiffs favor. The trial judge, concluding that the evidence presented was inadequate to support the jurys verdict, granted the defendants motion for judgment non obstante veredicto. Plaintiff appeals, contending that its right to a jury determination of disputed fact issues, secured by the seventh amendment to the Constitution of the United States, has been abridged by the trial judges ruling.
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