Vincent Marmo v. Chicago, Rock Island & Pacific Railroad Company, a Corporation

KILEY, Circuit Judge.

This is a Federal Employers Liability Act case with a $160,000 jury verdict and judgment. Defendant has appealed. We affirm.

Plaintiff, Marmo, was a machinist helper on the night shift in defendant’s Chicago diesel engine repair shop when he was injured on January 8, 1962. He had worked for defendant since 1955, at various times as carman, carman’s helper, oiler and car cleaner. In September 1960 he was made machinist helper and worked in that capacity until his injury.

On the night of the injury for which Marmo sued, he was helping machinist Johnson attach a truck — a…