Toussaint v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

This case comes to the writer on reassignment. Appellant, Daniel J. Toussaint, sued respondent railway company for damages for personal injuries alleged to have been sustained while repairing a railroad car. In the petition plaintiff asked judgment in the sum of $45,000. The cause was based on the Federal Employers' Liability Act. At the close of plaintiff's case the trial court gave an instruction in the nature of a demurrer to the evidence. Plaintiff took an involuntary nonsuit with leave to move to set the same aside. Plaintiff later filed a motion to set aside the nonsuit, which the court…