United States Fidelity & Guaranty Co. v. McCullough

HOLMES, Circuit Judge.

This appeal is from a judgment for the appellee in an action for damages for personal injuries, received by him when his automobile collided with a stationary or slowly moving train at a railroad crossing in Louisiana on February 9, 1951, about seven o’clock p. m. The train was owned by the Calcasieu Paper Company, which was insured by the appellant. At the close of the plaintiff’s evidence in the court below, the defendant moved for an instructed verdict, which was overruled by the court. The defendant introduced no evidence and, after closing its case, again moved for…