Dudley v. Scandrett

HEALY, Circuit Judge.

Appellant sued under the provisions of the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-59, to recover for an injury sustained while employed as baggage-man by appellee railroad company and its trustees.

At the close of appellant’s case, which was being tried to a jury, the court granted appellees’ motion for an involuntary dismissal. The principal question here involves the propriety of this order. There is a subsidiary question concerning the exclusion of certain evidence offered by appellant.

Following is a summary of the facts as testified by appellant and…