Vincent A. Palisi v. Louisville & Nashville Railroad Company, Inc.

Fifth Circuit

Vincent A. Palisi v. Louisville & Nashville Railroad Company, Inc.

342 F.2d 799, 1965 U.S. App. LEXIS 6044

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 2, 1965

Docket21728

StatusPublished

Cited by2 cases

This text of 342 F.2d 799 (Vincent A. Palisi v. Louisville & Nashville Railroad Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vincent A. Palisi v. Louisville & Nashville Railroad Company, Inc., 342 F.2d 799, 1965 U.S. App. LEXIS 6044 (5th Cir. 1965).

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Opinion

PER CURIAM:

The District Court did not err in rendering judgment under Rule 50(b), F.R. Civ.P., for defendant railroad company notwithstanding the jury verdict for plaintiff. Applying the test which controls in directing a verdict so as to cast the evidence in the light most favorable to plaintiff, see Turner v. Atlantic Coast Line Railroad Company, 5 Cir., 1961, 292 F.2d 586; Hogan v. United States, 5 Cir., 1963, 325 F.2d 276, we conclude that there was no substantial evidence that any negligence on the part of the railroad company was the proximate cause of the death in question, and for that reason plaintiff was not entitled to have his case submitted to the jury.

Affirmed.

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PER CURIAM:

The District Court did not err in rendering judgment under Rule 50(b), F.R. Civ.P., for defendant railroad company notwithstanding the jury verdict for plaintiff. Applying the test which controls in directing a verdict so as to cast the evidence in the light most favorable to plaintiff, see Turner v. Atlantic Coast Line Railroad Company, 5 Cir., 1961, 292 F.2d 586; Hogan v. United States, 5 Cir., 1963, 325 F.2d 276, we conclude that there was no substantial evidence that any negligence on the part of the railroad company was the proximate cause of the death in question, and for that reason plaintiff was not entitled to have his case submitted to the jury.

Affirmed.

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342 F.2d 799, 1965 U.S. App. LEXIS 6044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincent-a-palisi-v-louisville-nashville-railroad-company-inc-ca5-1965.

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