Soto v. Southern Pacific Transportation Co.

BOOTLE, * Senior District Judge:

Ready for decision now is the defendant’s motion for judgment in its favor notwithstanding the jury verdict for plaintiff. At trial the court overruled the defendant’s timely motions for directed verdict though then entertaining serious doubts as to whether the evidence warranted jury submission. That conservative course was adopted so that the jury could pass upon the case in the first instance thereby avoiding the necessity, come what may, of reinstating the case upon an overcrowded trial docket.

When the instant motion came in, the court, though still…