Churchill v. Southern Pac. Co.

JAMES M. CARTER, District Judge,

The action is one based on negligence, and arises under the diversity of citizen-; ship jurisdiction of the district court, After plaintiff’s case was presented to a jury, the court granted the motion of the defendant to dismiss under Rule 41 (b), Rules of Civil Procedure, 28 U.S.C. A., took the ease from the jury and made its written order of dismissal. The correctness of such action by the trial court is the sole question presented on this appeal.

Whether or not a certain set of facts constitute a cause of action based on negligence, in a case arising under…