Bessie C. Lampka v. Wilson Line of Washington, Inc.

The District Court directed a verdict for the defendant, appellee here, on the basis of appellant’s opening statement to the jury. Appellant contends first that the complaint states a claim on which relief could be granted and second that the opening statement asserts appellee’s negligence in failing to perform its duty to take adequate precaution against the foreseeable hazards incident to the simultaneous disembarkation of 100 to 150 passengers through a passageway which narrows to approximately 12 feet at the exit.

The Federal Rules of Civil Procedure provide various means for summary…