Scully v. Railway Express Agency, Inc.

VAN DUSEN, District Judge.

The jury was unable to agree on a verdict at the trial of this case and defendant has filed a motion for entry of judgment in his favor under Rule 50 (b), Fed.Rules Civ.Proc. 28 U.S.C., on the ground that plaintiff was guilty of contributory negligence as a matter of law.

Whether the plaintiff was, or was not, contributorily negligent as a matter of law under the Pennsylvania decisions is a very close question on the facts of this case. The trial judge pointed out the apparent difficulty of plaintiff’s position at the conclusion of plaintiff’s case when defendant’s…