Dostal v. Baltimore & O.R. Co

STALEY, Circuit Judge.

This is a diversity action in which plaintiff seeks to recover damages for the death of Joseph A. Dostal in a grade crossing collision between the automobile owned and operated by the decedent and the passenger train of defendant. This is the second trial of the case, the jury in the first trial having failed to agree. 1 In the second trial the jury rendered a verdict for plaintiff. Defendant’s motions for judgment n. o. v. or, in the alternative, for a new trial were denied. Defendant argues on appeal that judgment n. o. v. should have been granted because plaintiff’s…