Illinois Central Railroad Company v. Admiral Dewey Stufflebean, Jr.

VAN OOSTERHOUT, Circuit Judge.

Defendant appeals from final judgment entered for plaintiff for damages resulting from a collision between a car owned and operated by plaintiff and defendant’s switch train. Plaintiff’s action is based upon negligence. The case was tried to a jury.

Defendant at the close of plaintiff’s evidence and again at the close of all of the evidence moved for a directed verdict on the ground that there was no evidence to support a finding of negligence on the part of the defendant or freedom from contributory negligence on the part of the plaintiff. Ruling upon the motion…