Allen v. Union Pacific Railroad

I., MARVIN, Chief Judge.

In this personal injury action arising out of a train-pedestrian accident that was tried by jury, the plaintiff, Jacob Alen, appeals the dismissal of his action against the railroad and its engineer by the trial court’s JNOV [judgment notwithstanding the verdict] which was based on the court’s finding that a rational jury could not have concluded, as the jury did in what the court labeled “contradictory” answers to verdict interrogatories, that the “train crew members” were not at fault, but the defendant railroad [otherwise and independently ] was at fault (25…