Bill B. Harp, Administrator of the Estate of Joy Opal Harp, Deceased v. Montgomery Ward & Co., a Corporation

In this diversity case, tried to a jury, judgment was entered in favor of the plaintiff and against the defendant, in the amount of $25,000. On motion of the defendant that judgment be entered in favor of the defendant notwithstanding the verdict, the District Court set aside the verdict and judgment previously entered, and rendered judgment in favor of the defendant that plaintiff take nothing by reason of the action. Plaintiff appeals from the last mentioned judgment.

The plaintiff, as administrator of the estate of his deceased wife, sought to recover against the defendant on behalf of himself as surviving spouse of the decedent, and for three minor children, damages for her wrongful death alleged to have been caused by the negligence of the defendant.

There is no dispute that the decedent met instant death by electrocution while taking a bath in a bathtub, when she came into contact with an ungrounded electric clothes drier purchased from the defendant, and installed in the bathroom close to the bathtub.

Taking the evidence in the light most favorable to the plaintiff, and resolving all reasonable inferences in his favor, as we must in view of the present status of the…