Kimberling v. Wabash Railway Co.

Action under Federal Employers’ Liability Act (45 U. S. C. A., Secs. 51-59) to recover damages for injuries sustained as the result of an alleged violation of the Federal Safety Appliance Act. [45 U. S. C. A., Secs. 1-8.] The trial resulted in a verdict for plaintiff for $50,000. A remittitur of $30,000 was entered and judgment was rendered for $20,000. Defendant appealed.

Plaintiff was in the employ of defendant as a railroad brakeman. The parties were engaged in interstate transportation at the time plaintiff was injured. Plaintiff’s claim is that when he attempted to uncouple two cars the…