Hudson v. Norfolk & Western Railway Co.

Lively, President:

Plaintiff as administratrix sued for damages for the death of her husband, a railroad engineman, under the Federal Employers’ Liability law, alleging negligence. At the conclusion of the evidence, the court instructed the jury to find for defendant, which was accordingly done, and judgment of nil capiat entered, from which plaintiff prosecutes error. The sole question is whether the evidence is sufficient to take the case to the jury. The only material question of fact about which there is appreciable controversy is the theory of plaintiff that a rule promulgated by…