Louisville & Nashville Railroad v. Marshall

COOPER, Judge.

This is an appeal from a judgment rendered in a negligence action brought under the Federal Employers’ Liability Act. 45 U.S.C.A. § 51 et seq. At issue are the questions of whether the trial court erred in (1) refusing to direct a verdict for the appellant; or, in the alternative, (2) refusing to grant the appellant a new trial on the question of liability as well as damages.

In October of 1977, the appellee, Herman Joseph Marshall, instituted an action against the appellant, Louisville & Nashville Railroad Company, under the Federal Employers’ Liability Act. Specifically, he…