Dostal v. Baltimore & O. R.

O’CONNELL, Circuit Judge.

This is a diversity suit, arising out of the death of Joseph A. Dostal when an automobile which he was operating collided with a passenger train of defendant at a grade crossing near Lyndora, Pa.

The case was tried before a jury. The testimony was largely directed to two questions : whether defendant was negligent, and whether Dostal was contributorily negligent. After both sides had rested, defendant moved for a directed verdict. The motion was denied.

Being unable to agree, the jury was discharged. Then, relying upon Rule 50 (b) of the Federal Rules of Civil…