Stratton v. Southern Ry. Co.

PARKER, Chief Judge.

This is an appeal by plaintiff in a personal injury case from a judgment for defendant entered upon the granting of a motion to dismiss under Fed.Rules Civ.Prot. Rule 41(b), 28 U.S.C.A., at the conclusion of plaintiff's evidence. Plaintiff was injured while crossing between freight cars which were blocking a street crossing in the City of Charlotte. He offered evidence, which was excluded by the court, to the effect that there was a custom of long standing for members, of the public to climb between cars which wer& allowed to block this crossing; and he contends that, in…