MERCK & COMPANY v. KIDD

No. 12918.

242 F.2d 592 (1957)

MERCK & COMPANY, Inc., Appellant, v. Floyd E. KIDD, Appellee.

United States Court of Appeals Sixth Circuit.

April 6, 1957.


Attorney(s) appearing for the Case

Hayward H. Coburn, Philadelphia, Pa. (Joseph A. McAfee, Egerton, McAfee, Armistead & Davis, Knoxville, Tenn., Ernest L. Nagy, Drinker, Biddle & Reath, Philadelphia, Pa., on the brief), for appellant.

Ben F. McAuley, of Poore, Cox, Baker & McAuley, Knoxville, Tenn. (Frank H. Marsh, Jr., of Cheek, Taylor & Marsh, Knoxville, Tenn., on the brief), for appellee.

Before McALLISTER, MILLER and STEWART, Circuit Judges.


STEWART, Circuit Judge.

This is an appeal from a judgment entered upon a jury verdict for personal injuries in a diversity of citizenship case. The underlying facts are no longer in dispute.

The appellee was injured when his leg came in contact with a power saw. His injuries were severe, consisting of a large cut in his right thigh extending down to the bone. He was taken in a state of shock to a hospital in Knoxville, where his wife signed on his behalf a...

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