Itzkall v. Carlson

This is an accident case of which the federal court has jurisdiction by reason of diverse citizenship. While crossing Broadway on foot, at its intersection with 45th Street, the plaintiff was struck by an automobile operated by the defendant. The issues at the trial were negligence and contributory negligence. Without moving for a directed verdict plaintiff permitted the case to be submitted to the jury. Only after a verdict was returned in favor of the defendant did plaintiff’s counsel raise any question as to the sufficiency of the evidence. He then moved to set aside the verdict as…