Raymond L. Rutherford v. Illinois Central Railroad Company

In this case the district judge, able- and experienced and trained in the common law, directed a verdict for the defendant railroad, holding that: (1) the-plaintiff “failed to show where the railroad company was negligent at all”; (2) “as a matter of law [the plaintiff failed' to show that the defendant] was guilty-of contributory negligence”; (3) the doctrine of last clear chance was inapplicable. On appeal this Court affirmed the judgment below. We agreed with the district judge as to each of the three-bases for the directed verdict.

The appellant has now applied for a-, rehearing. He…