Terry Lee McEvers v. Missouri Pacific Railroad Company, a Corporation

JULIUS J. HOFFMAN, Senior District Judge.

The plaintiff McEvers appeals from a judgment entered against him upon the granting of the defendant railroad’s motion for a directed verdict at the close of the plaintiff’s case. He sought recovery for personal injuries sustained when the truck he was driving was struck by one of defendant’s trains at an unguarded rural grade crossing in Jackson County, Illinois. The District Court ruled that his evidence established contributory negligence as a matter of law. We disagree, and reverse.

The decision turns upon the facts. Jurisdiction rests upon…