Alma Irene Nicholson, Committee of Herman Ray Nicholson v. Fred Stroup

SOBELOFF, Circuit Judge.

A pedestrian, Herman Ray Nicholson, who was injured by an automobile owned and driven by Fred Stroup, brought an action for negligence in the United States District Court for the Eastern District of Virginia. At the conclusion of the plaintiff’s case, the court directed a verdict for the defendant and entered judgment in his favor. The plaintiff appeals, contending that the evidence adduced by him was legally sufficient to warrant recovery and that the court should have submitted to the jury the issues of primary negligence, contributory negligence, and last clear…