Beryl W. Minton, Carl Wiley, and Frank Green v. Southern Railway Company

PHILLIPS, Circuit Judge.

A seventy-two year old widow was killed while walking through appellant’s railroad yard at New Tazwell, Tennessee. In an action for her wrongful death instituted by the children of the decedent against the railway company, the jury returned a verdict of $10,000.

Appellant’s motion for a directed verdict was overruled by the district judge, the Honorable Robert L. Taylor. Appellant stood on its motion for a directed verdict and introduced no evidence. Following the return of the verdict, appellant moved for a judgment non obstante verdicto, which also was denied by the…