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JIGGETTS v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 13362.

239 F.2d 69 (1956)

Robert B. JIGGETTS, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, a Virginia corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 29, 1956.

Attorney(s) appearing for the Case

Mr. Sheldon E. Bernstein, Washington, D. C., with whom Messrs. David G. Bress and William S. Tyson, Washington, D. C., were on the brief, for appellant. Mr. Alvin L. Newmyer, Jr., Washington, D. C., also entered an appearance for appellant.

Mr. Robert R. Faulkner, Washington, D. C., for appellee.

Before PRETTYMAN, WILBUR K. MILLER and WASHINGTON, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

Robert B. Jiggetts sued the Atlantic Coast Line Railroad Company to recover damages for injuries sustained when, in trying to board a moving train, he slipped and fell beneath it. Following his counsel's opening statement to the jury, the trial judge directed a verdict for the railroad company, holding that under the law of North Carolina where the accident happened it is negligence per se to attempt to board a moving train...

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