Lester Jernigan v. The Southern Pacific Company, a Delaware Corporation

The plaintiff, Lester Jernigan, instituted this action in the Superior Court of Maricopa County, Arizona, seeking damages for injuries incurred when the automobile in which he was a passenger collided with a box-car which defendant had left standing on a grade crossing. At the request of the defendant, a Delaware corporation, the case was removed to the United States District Court on the basis of diversity of citizenship. At the close of all the evidence the court reserved decision on a motion for a directed verdict made by the defendant, and submitted the case to the jury. Subsequently the jury, being unable to reach a verdict, was discharged. Defendant then moved the court for judgment in accordance with his motion for a directed verdict, and the court granted the motion and ordered judgment for defendant. The procedure was in exact compliance with Rule 50(b) of the Federal Rules of Civil Procedure, Title 28 U.S.C.A. The plaintiff appeals

The evidence in the case is not included in the record here. In granting the motion, the court made certain comments, the transcription of which were found by the court to be incorrect in several particulars and the court corrected them. The…