Lester Jernigan v. The Southern Pacific Company, a Delaware Corporation

STEPHENS, Circuit Judge.

The plaintiff, Lester Jernigan, instituted this action in the Superior Court of Maricopa County, Arizona, seeking damages for injuries incurred when the automobile in which he was a passenger collided with a box-car which defendant had left standing on a grade crossing. At the request of the defendant, a Delaware corporation, the case was removed to the United States District Court on the basis of diversity of citizenship. At the close of all the evidence the court reserved decision on a motion for a directed verdict made by the defendant, and submitted the case to the…