GANT v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY

No. 20060.

434 F.2d 1255 (1970)

Helen E. GANT, Appellant-Plaintiff, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellee-Defendant.

United States Court of Appeals, Eighth Circuit.

December 3, 1970.


Attorney(s) appearing for the Case

Leo Ballard, Des Moines, Iowa, for appellant-plaintiff.

Frank W. Davis, Des Moines, Iowa, for appellee-defendant.

Before MATTHES, Chief Judge, HEANEY, Circuit Judge and VAN PELT, Senior District Judge.


VAN PELT, Senior District Judge.

Plaintiff filed suit in the Polk County, Iowa District Court to recover for injuries suffered when a car owned and driven by her husband, in which she was riding, collided with the caboose of defendant's train at a country railroad crossing. Defendant removed the case to federal court on diversity grounds.1

At the close of plaintiff's case, and again at the close of all of the evidence, defendant...

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