Helen E. Gant, Appellant-Plaintiff v. Chicago and North Western Railway Company, Appellee-Defendant

VAN PELT, Senior District Judge.

Plaintiff filed suit in the Polk County, Iowa District Court to recover for injuries suffered when a ear owned and driven by her husband, in which she was riding, collided with the caboose of defendant’s train at a country railroad crossing. Defendant removed the case to federal court on diversity grounds. 1

At the close of plaintiff’s ease, and again at the close of all of the evidence, defendant moved for a directed verdict. Each motion was denied. Only one specification of negligence was submitted to the jury. It pertained to the adequacy of the warning…