Western Constructors, Inc., a Corporation v. Southern Pacific Company, a Corporation

Appellee, hereinafter called “the railroad,” filed suit in the United States District Court for the District of Arizona, seeking damages resulting from a collision between its freight train and a “carryall,” an earth-moving machine, operated by appellant’s employee. The appellant, which will be referred to as “the contractor,” counterclaimed for damages sustained by it in the same accident. Jurisdiction of the court below rested upon diversity of citizenship and the requisite amount in controversy. 28 U.S.C. § 1332 .

Each party filed a motion for summary judgment in its favor, and both motions were denied. While the record before us does not contain pretrial statements or a pretrial order, it does reveal that pretrial proceedings were conducted. These led to the District Court’s determination that the jury trial which had been requested should be directed to the issue of liability only. It was also determined that the jury’s role should be confined to the resolution of one issue, an issue pertaining to the extent, or degree, of the railroad’s negligence, if any. After the presentation of evidence bearing upon this limited issue, the district judge directed a verdict in favor of…