Terminal R. Ass'n of St. Louis v. Schorb

WOODROUGH, Circuit Judge.

This is an appeal from a judgment for plaintiff in an action brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The principal contentions on appeal are that the District Court erred in refusing defendant’s requests for a directed verdict, and that the evidence fails to sustain the judgment for plaintiff. The further contentions made are, that in order to recover plaintiff is required to rely on an operating custom of the defendant; that such custom was not established for plaintiff’s benefit, was neither pleaded, proved nor shown to have been…