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

Defendant appeals from a verdict and judgment in favor of plaintiff in the sum of $9800, for personal injuries alleged to have been caused by defendant’s negligence. The case is governed by the Federal Employers’ Liability Act.

Appellant contends that the trial court erred in- refusing to give defendant’s demurrer offered at the close of all the evidence, for the following reasons: that plaintiff received his injuries at a place on defendant’s railway where defendant had a right to expect a clear track; that the proof was insufficient to establish a custom or practice of defendant to warn…