Messick v. Atchison, Topeka & Santa Fe Railway Co.

Harrison F. Messick brought suit against his employer, The Atchison, Topeka and Santa Fe Railway Company (“Santa Fe”), pursuant to the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51 et seq., seeking damages for personal injury. The jury returned a verdict in favor of Santa Fe. Mes-siek appeals, claiming that the trial court committed plain error by: (1) failing to allow him to testify that a Santa Fe train crew member informed his conductor by radio that a switch was faulty because such testimony was admissible as an admission of a party opponent; and (2) refusing to allow a diary…