Hartgrove v. Chicago, Burlington & Quincy Railroad

Appeal from a judgment upon verdict (nine jurors agreeing) for $10,000 in plaintiff's action under the Federal Employers' Liability Act, 45 U.S.C.A., § 51 et seq. The injuries were alleged to have been sustained by plaintiff when he was working as a member of a work-train crew picking up loose rails and scrap along defendant's east-west track between Clarence and Monroe City.

Errors are assigned in submitting plaintiff's case to the jury, and in the instructions given; and in the trial judge's action in conferring with the foreman of the jury in chambers and in the absence of counsel for the…