Shannon v. Norfolk & Western Railway Co.

MEMORANDUM ORDER

KELLAM, District Judge.

Plaintiff, seeking damages under the provisions of the Federal Employers’ Liability Act, recovered a jury verdict for $750.00 He now contends the verdict was inadequate, contrary to the law and the evidence, and that the jury could not have found plaintiff guilty of contributory negligence.

Plaintiff alleged his injury resulted from a fall while performing his duties in assisting in the switching of a train. He asserted that after throwing a switch, he started to cross the tracks, stepped on a cross-tie, which was greasy, and fell. The plaintiff was aware…