Ellis v. Union Pacific Railroad

Plaintiff, an engine foreman in charge of a switching crew, sought recovery for personal injuries received by him in a narrow clearance between a box car in defendant’s service and the building of another because of alleged negligence of defendant. The action was predicated upon the Federal Employers’ Liability Act. Upon submission to a jury plaintiff was awarded a verdict and judgment for $10,000. Motion for new trial was overruled and defendant appealed. The former opinion of this court, Ellis v. Union P. R. R. Co., 146 Neb. 397, 19 N. W. 2d 641, held substantially that plaintiff having…