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DIMENCO v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 1600.

160 F.Supp. 505 (1958)

Gerald James DIMENCO, a minor, by Vincenzo Dimenco, his next friend, and Vincenzo Dimenco, Plaintiffs, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the State of Pennsylvania, Defendant.

United States District Court D. Delaware.

April 11, 1958.

Attorney(s) appearing for the Case

Albert L. Simon and Samuel R. Russell, Wilmington, Del., for plaintiffs.

John P. Sinclair (of Barl, Potter & Anderson), Wilmington, Del., for defendant.

LAYTON, District Judge.

At the trial, defendant moved for a directed verdict which was denied. The jury could not agree. After it was discharged, defendant filed this motion for a judgment in its favor pursuant to Rule 50(b), Fed.Rules Civ.Proc. 28 U.S.C. There are two main grounds for this motion; first, that defendant was guilty of no negligence or, in the alternative, that plaintiff was guilty of contributory negligence. The motion also assigns as error the fact...

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