Roy E. Bailey v. Coy W. Pennington

VOGEL, Circuit Judge.

Plaintiff-appellant brought this suit for personal injuries against defendantappellee Pennington, driver of a vehicle in which plaintiff was riding, and against defendant-appellee Chicago and Northwestern Railway, whose train collided with the vehicle at a crossing within the city limits of Elgin, Nebraska, on January 14, 1955. Diversity of citizenship and the amount involved make for federal court jurisdiction. At the conclusion of the plaintiff’s case the trial court granted motions for directed verdicts in behalf of each of the defendants on the grounds that: (1) The…