Brotherton v. Burlington Northern Railroad

JEAN C. HAMILTON, Special Judge.

Respondent Arthur Brotherton brought suit for damages in the Circuit Court of the City of St. Louis pursuant to the Federal Employer’s Liability Act, 45 U.S.C.A. § 51 et seq., against appellant Burlington Northern Railroad Company (Burlington). He claimed to have sustained injury while working as a carman for Burlington. The jury returned a verdict in Brotherton’s favor for $150,000.00 and judgment was entered on the verdict.

On appeal, Burlington asserts the trial court erred in: (1) denying Burlington’s motion for mistrial because respondent was not required…