Peter Leon v. Penn Central Company

KERNER, Circuit Judge.

Plaintiff filed suit under 28 U.S.C. § 1332 seeking damages for injuries suffered when the automobile which he was driving was hit by defendant’s train. A jury awarded the plaintiff $34,500, but the district judge granted defendant’s motion for a new trial. At the second trial the court directed a verdict for the defendant at the close of the plaintiff’s case on the ground that plaintiff was guilty of contributory negligence as a matter of law. Plaintiff takes this appeal from the granting of the directed verdict.

In deciding whether the court properly directed a verdict…