Eidson v. Atchison, Topeka and Santa Fe Railway Co.

OPINION

TACKETT, Justice.

Plaintiff filed an action against defendant as a result of injuries received during the course of his employment with defendant and while engaged as a switchman in Belen, New Mexico. The jury returned a verdict adverse to plaintiff and he appeals.

Plaintiff contends under point I that the trial court erred in refusing to give his requested instructions Nos. 18 and 19 in lieu of the court’s instruction No. 10 (U.J.I. 12.10), alleging it incorrectly states causation as applied to cases under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.).

Plaintiff’s…