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DRAKE v. IOWA MUTUAL INSURANCE COMPANY

No. 17989.

274 F.2d 818 (1960)

Clarence DRAKE, Appellant, v. IOWA MUTUAL INSURANCE COMPANY, DE WITT, IOWA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 25, 1960.

Attorney(s) appearing for the Case

Amos L. Ponder, Jr., New Orleans, La., for appellant.

J. Elton Huckabay, Huckabay & Wall, Baton Rouge, La., for Iowa Mutual Insurance Company, DeWitt, Iowa.

Before HUTCHESON, TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court setting aside a jury verdict in favor of the plaintiff and entering a judgment for the defendant. F.R.Civ. P. 50(b), 28 U.S.C.A.

The plaintiff was injured in a filling station under circumstances in which both parties admit the only duty owed plaintiff was not willfully and wantonly to injure him. See Mills v. Heidingsfield, La.App., 1939, 192 So. 786; Mercer v. Tremont & G. Ry. Co., La...

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