Hilary L. Wheat and Jessie C. Smith v. The Baltimore and Ohio Railroad Company, a Corporation

KNOCH, Circuit Judge.

Plaintiffs, asserting their own freedom from contributory negligence, sued in tort to recover damages for personal injuries resulting from a railroad crossing accident in Geff, Illinois, on December 24, 1954, allegedly caused by the negligent operation of defendant’s train.

The jury returned a verdict for plaintiffs.

Plaintiffs appealed the District Judge’s grant of defendant’s motion for judgment notwithstanding the verdict, further grant of defendant’s motion for new trial (to be effective only in the event that the judgment be reversed), and denial of plaintiffs’ later…