Terminal R. Ass'n of St. Louis v. Staengel

STONE, Circuit Judge.

This is an appeal by defendant from a judgment for plaintiff in a personal injury action brought under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60.

Two issues are submitted here. The first has to do with submission of the case to the jury under the res ipsa loquitur doctrine ind, particularly, in view of appellant’s contention that its evidence compelled a directed verdict for it. The second concerns application of Rule 51 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

I. Submission to the Jury.

This issue involves examination of the fact…