ILLINOIS CENTRAL RAILROAD COMPANY v. STUFFLEBEAN

No. 16200.

270 F.2d 801 (1959)

ILLINOIS CENTRAL RAILROAD COMPANY, Appellant, v. Admiral Dewey STUFFLEBEAN, Jr., Appellee.

United States Court of Appeals Eighth Circuit.

October 14, 1959.


Attorney(s) appearing for the Case

Don N. Kersten, Fort Dodge, Iowa (Burnquist, Helsell, Burnquist & Kersten, Fort Dodge, Iowa, Joseph H. Wright, and Herbert J. Deany, Chicago, Ill., were with him on the brief), for appellant.

Herbert R. Bennett and John H. Mitchell, Fort Dodge, Iowa (McCarville & Bennett, Fort Dodge, Iowa, was with them on the brief), for appellee.

Before SANBORN, WOODROUGH and VAN OOSTERHOUT, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

Defendant appeals from final judgment entered for plaintiff for damages resulting from a collision between a car owned and operated by plaintiff and defendant's switch train. Plaintiff's action is based upon negligence. The case was tried to a jury.

Defendant at the close of plaintiff's evidence and again at the close of all of the evidence moved for a directed verdict on the ground...

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