Guilford National Bank v. Southern Railway Co.

BOREMAN, Circuit Judge.

A collision between a train and a passenger automobile is here involved. This appeal is from the District Court of the United States for the Middle District of North Carolina which entered judgment on a jury verdict in favor of defendant, Southern Railway Company, after denying the motion of the plaintiff to set aside the verdict and grant a new trial. The opinion of the District Court in denying the motion is reported at 211 F.Supp. 1. We think the plaintiff is entitled to a new trial for the reasons hereinafter assigned.

This action was instituted by The Guilford…