Spevak v. Pennsylvania R.

McLaughlin, circuit judge.

This is a personal injury, negligence suit. The jurisdiction of the court below was based upon the diversity of citizenship of the parties. At the trial the defendant offered no testimony but moved for judgment in its favor at the end of the plaintiff's case. The court denied the motion and allowed the action to go to the jury. That body disagreed and was discharged. The defense motion was then renewed and was allowed. Plaintiff appeals from the judgment thereupon entered in favor of the defendant.

Appellee’s east and west-bound main line tracks pass between the…