Johnson v. Missouri-Kansas-Texas Railroad Company

HYDE, Presiding Judge.

Action for damages for personal injuries brought under the Federal Employers’ Liability Act. 45 U.S.C.A. §§ 51-59. Verdict •and judgment for plaintiff for $45,000 and 'defendant has appealed.

Defendant contends' that plaintiff Íailed to make a jury case so we will state the facts shown by plaintiff’s evidence and ■consider them from the viewpoint most favorable to him. Plaintiff was a member of 'a section crew in which there were usually three men with a foreman. One of the men was on vacation on'the dale of plairr-■tifffs injury and he was working with H. M. Smeithers;…