St. Louis-San Francisco Railway Co. v. Miller

Kirby, J.,

(after staling’ the facts). It is earnestly insisted that the court erred in not directing a verdict for defendant, and that there is not sufficient, testimony to sustain the judgment.

Plaintiff was foreman, of the section gang, and helping and directing the men in the work of replacing the ties. The evidence is undisputed as to the manner in which the injury occurred. Appellee was a vice-principal, ail'd the suit was brought under the Federal Employers’ Liability Act, which is copied in our act 88 of 1911. Appellant relies upon our opinion in St. L. I. M. & S. Ry. Co. v. Cobb, 126…