Philip Davis v. Central Vermont Railway, Inc.

MEDINA, Circuit Judge.

Plaintiff, riding as a guest in a truck, was injured when the front end of the truck was hit by one of defendant’s passenger trains at a grade crossing.. The appeal is from the judgment entered in plaintiff’s favor on the verdict of a jury; and it is claimed: that the trial judge should have directed a verdict for defendant, because of the alleged failure of plaintiff to establish his freedom from contributory negligence, as required by Vermont law; that the requisite diversity was not established by a fair preponderance of the evidence; and that, for a variety of…