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KNAPP v. WABASH RAILROAD COMPANY

No. 18564.

375 F.2d 983 (1967)

Edward V. KNAPP and Evelyn Mae Knapp, Appellants, v. WABASH RAILROAD COMPANY, a Corporation, and Atchison, Topeka & Santa Fe Railway Company, a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

April 10, 1967.

Attorney(s) appearing for the Case

Burton H. Shostak, of Hoffman & Shostak, St. Louis, Mo., for appellants. Leo M. Newman, of Goldenhersh, Fredericks & Newman, St. Louis, Mo., was with him on the brief.

Albert E. Schoenbeck, St. Louis, Mo., for appellee Wabash R. Co.

Alan C. Kohn, of Coburn, Croft & Kohn St. Louis, Mo., for appellee Atchison, T. & S. F. R. Co.

Before MATTHES, LAY and HEANEY, Circuit Judges.

MATTHES, Circuit Judge.

Appellants' causes of action were dismissed upon motion of appellees for a directed verdict at the conclusion of the opening statement of appellants' counsel.1

In Best v. District of Columbia, 291 U.S. 411, 54 S.Ct. 487, 78 L.Ed. 882 (1934), the Supreme Court considered the propriety of granting a motion for a directed verdict upon the opening statement of plaintiff's counsel...

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