John Wesley Beaty, by His Next Friend, Lawrence W. Beaty, Jr. v. Seaboard Air Line Railroad Company

400 F.2d 96, 1968 U.S. App. LEXIS 6106

Opinion

PER CURIAM:

Attempting to field a fly ball, John Wesley Beaty, 12 years old, was struck by a locomotive. At the conclusion of the plaintiff’s evidence, the district judge granted Seaboard’s motion for a directed verdict.

After review of the evidence in the light most favorable to the plaintiff, we conclude that the questions of negligence, contributory negligence, and whether the engineer had a last clear chance to avoid the accident, were for the jury. Higgins v. Thompson, 391 F.2d 246 (4th Cir. 1968). The district court’s judgment is vacated, and the ease is remanded for a new trial.

Vacated and remanded.