SOBELOFF, Circuit Judge.
This is one of the rare and exceptional cases in which a trial judge is justified in dismissing a case upon the plaintiff's opening statement.
Counsel related that the plaintiff's decedent, traveling alone at night on a West Virginia highway, near his home, drove his automobile into the side of the nineteenth car of a moving coal train and was killed. "I think," the lawyer said, "the evidence will be that it was foggy and it had been...
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