Norfolk & W. Ry. Co. v. Estepp

ALLEN, Circuit Judge.

This is an appeal from a judgment of the District Court entered upon a jury verdict in favor of plaintiff's 1 administrator. In a previous appeal in the same case, 192 F.2d 889, 893, this court reversed the summary judgment of the District Court entered on the pleadings in favor of the defendant. The District Court held that there was a complete absence of probative facts to support even a conjecture from which the negligence of the defendant could be inferred. We held that res ipsa loquitur applied to the cause of action stated. We decided that in the posture of the case…