Ratliff v. Chesapeake & O. Ry. Co.

ARANT, Circuit Judge.

Appellant, as administrator, brought suit in the Circuit Court of Pike County, Kentucky, to recover damages resulting from his wife’s death, alleged to have been caused by appellee’s negligence. The suit was removed to the United States District Court on the ground of diversity of citizenship. Appellee specifically denied each of appellant’s allegations and alleged that the death was caused solely by deceased’s negligence. At the close of appellant’s opening statement to the jury, the *156Court, upon motion, directed a verdict in favor of appellee. Appellant challenges the…