Delmar R. Aylor v. Intercounty Construction Corporation

TAMM, Circuit Judge

(dissenting):

I am of the view that the trial judge was correct in directing a verdict for appellees at the conclusion of the appellants’ case. An appraisal of the evidence offered by the plaintiffs-appellants is to me convincing that there was not sufficient evidence on the part of the appellants to permit the case to be submitted to the jury. This appraisal, moreover, establishes to my satisfaction as a matter of law that there was no evidence whatever to show that the conduct of these -appellees was a proximate cause of the unfortunate injuries to the male appellant. In addition to these factors, I feel that the evidence presented clearly established a defense of assumption of risk in favor of the appellees. I would affirm.