McBee v. ATCHISON, TOPEKA & SANTA FE RAILWAY. CO.

OPINION

SPIESS, Chief Judge.

This appeal is by plaintiff-appellant, McBee, from a judgment based on a jury verdict in favor of defendant, railway company. The case is governed by and arises under the Federal Employers’ Liability Act, 45 U.S.C.A. Sec. 51 et seq. McBee, an employee of the railway company, claims to have been injured as he was operating a switch in the railway company’s yard at Albuquerque. He says that he “was in the customary position to throw said switch and the injury occurred when extra pressure had to be applied to said switch because it was ‘frozen.’ ” McBee asserts that…