Wilfred L. Miller, and Alban Tractor Company, Inc. v. The Pennsylvania, Railroad Company, a Corporation

After our decision in Miller v. Pennsylvania R.R., 102 U.S.App.D.C. 135, 251 F.2d 376, a new trial was had before the late Judge Kirkland. The jury returned a verdict for plaintiffs, judgment being entered accordingly. After the death of Judge Kirkland, however, Judge Holtzoff, whose direction of a verdict for the defendant had led to our reversal in Miller v. Pennsylvania R.R., supra, set aside the verdict and granted a new trial. Miller v. Pennsylvania R.R., D.C., 161 F.Supp. 633. The case was then tried a third time. The jury found for the Railroad. An appeal from the ensuing judgment…