Hattie Apperwhite v. Illinois Central Railroad Company

WHITTAKER, Circuit Judge.

Appellant, Hattie Apperwhite, claiming to have been injured by a sudden, violent and unusual jerk of an Illinois Central train while a passenger thereon in August, 1953, brought this suit against that company for damages. The case was twice tried to a jury. In the first trial the jury was unable to agree, and a mistrial was declared. In the second trial the jury returned a verdict for (defendant) appellee. Judgment accordingly was entered, and she has appealed therefrom.

She urges reversal of the judgment upon two grounds, namely, that the District Court erred (1) in…