Tinnon v. Missouri Pacific Railroad Co‪.‬

Before SANBORN, MATTHES and BLACKMUN, Circuit Judges. BLACKMUN, C.J.: This plaintiff was a locomotive engineer. He brought this diversity action against his railroad for damages for his discharge from employment in November 1955. The railroad's defense is that plaintiff's dismissal from service was based upon just and sufficient cause. The case was submitted to a jury. It was unable to reach a verdict and was discharged. The railroad, which had moved for a directed verdict at the close of the evidence, then moved, under Rule 50(b) F.R. Civil Proc., for judgment in accordance with its motion for a directed verdict. This was granted and judgment was entered. The appeal is from that judgment.