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SOTO v. SOUTHERN PAC. TRANSP. CO.

Civ. A. No. SA-77-CA-171.

514 F.Supp. 1 (1979)

Joe F. SOTO, Plaintiff, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant.

United States District Court, W. D. Texas, San Antonio Division.

November 5, 1979.

Attorney(s) appearing for the Case

Norman R. Jones, Downman, Jones & Granger, Bellaire, Tex., for plaintiff.

Ferd. C. Meyer, Jr., Matthews, Nowlin, Macfarland & Barrett, San Antonio, Tex., for defendant.

BOOTLE,* Senior District Judge:

Ready for decision now is the defendant's motion for judgment in its favor notwithstanding the jury verdict for plaintiff. At trial the court overruled the defendant's timely motions for directed verdict though then entertaining serious doubts as to whether the evidence warranted jury submission. That conservative course was adopted so that the jury could pass upon the case in the first instance thereby...

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