Miller v. NORFOLK SOUTHERN RAILWAY COMPANY

In this case the rules of liability and recovery are governed by the provisions of an Act of Congress known as The Federal Employers’ Liability Act, 45 U.S.C.A. 51. When a case is brought under this Act in the State courts, matters of procedure, such as the judge’s charge, are governed by rules of the North Carolina courts.

Numerous exceptive assignments of error appear in the record and are discussed in the briefs. In our view, it is necessary to consider only one, Assignment of Error No. 17, based on Exception No. 17. This assignment and exception challenge the correctness of that part of…