Atchison, T. & S. F. Ry. Co. v. Seamas

BONE, Circuit Judge.

Appellee brought this action under the Federal Employers’ Liability Act, 45 U.S. C.A. § 51 et seq., for injuries sustained due to the alleged negligence of appellant, his employer, a common carrier by railroad engaged in interstate commerce. The jury returned a verdict in favor of appellee and awarded damages of $22,500. Judgment was entered on the verdict and this appeal followed.

The accident causing appellee’s injuries occurred at appellant’s Mormon Railroad Yard at Stockton, California on the night of December 9, 1950. In that portion of the yard here concerned there…