Payne v. Baltimore & Ohio R. Co.

Mr. Presiding Justice Scheineman

delivered the opinion of the court.

Plaintiff, Pearl Payne, brought this suit against the defendant, Baltimore & Ohio R. R. Co., under the Federal Employers’ Liability Act, alleging personal injuries received in the course of his employment as a section hand on the railroad’s property. A jury returned a verdict for $10,000 and the trial court entered judgment for defendant notwithstanding the verdict, with an alternative allowance of a motion for new trial.

Under the undisputed testimony it appears that the defendant was applying new ballast, in the form of slag,…