Dimenco v. Pennsylvania Railroad

LAYTON, District Judge.

At the trial, defendant moved for a directed verdict which was denied. The jury could not agree. After it was discharged, defendant filed this motion for a judgment in its favor pursuant to Rule 50(b), Fed.Rules Civ.Proc. 28 U.S.C. There are two main grounds for this motion ; first, that defendant was guilty of no negligence or, in the alternative, that plaintiff was guilty of contributory negligence. The motion also assigns as error the fact that the Court submitted the issue of the last clear chance to the jury.

There were three types of warning at the crossing just…