Southern Railway Co. v. Walters, 284 U.S. 190 (1931)

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Southern Railway Co. v. Walters

No. 52

Argued October 27, 2, 1931
Decided November 23, 1931
284 U.S. 190

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

Upon review of an action against a railroad company to recover damages for personal injuries sustained in an accident at a crossing, the case having been submitted to the jury upon an issue under a specification of negligence charging the defendant with failure to stop the train and flag the crossing before proceeding over it, as required by an order of a state commission, held:

1. The contention that an inference that the train could not have made a full stop at the crossing in question might be drawn from its speed at other crossings as observed by witnesses and from a guess of the engineer as to its acceleration was, under all the circumstances, mere speculation. P. 194.

2. The evidence in the record on the issue whether the train was stopped before going over the crossing was so insubstantial and insufficient that it did not justify submission of that issue to the jury. Id.

3. There being no proof whatever that he alleged failure to stop at the crossing was the proximate cause of the injury, a directed verdict in favor of the defendant should have been given. Pp. 194-195.

47 F.2d 3 reversed.

Certiorari, 283 U.S. 815, to review a judgment affirming a judgment against the railroad company in an action in damages for personal injuries. The action had been removed to the district court on the ground of diversity of citizenship.