Higgins v. Terminal RR Ass'n of St. Louis

VAN OSDOL, C.

In this action under the Federal Employers’ Liability Act, 45 U. S. C. A. § 51 et seq., the jury returned a $45,000 verdict for plaintiff, and defendant has appealed from the ensuing judgment.

Plaintiff was injured while working for defendant as a subforeman of a car-repair crew. He fell down the steps of defendant’s switch shanty located in defendant’s yards at a point a few feet east of Ewing Avenue and a little' south of Atlantic Avenue in St. Louis. Plaintiff had alleged and plaintiff’s case was submitted to the jury on the theory that defendant had failed to exercise ordinary…