Van C. Barnes, and Cross-Appellant v. Norfolk Southern Railway Company, and Cross-Appellee

J. SPENCER BELL, Circuit Judge.

This is an appeal from a district court judgment entered on a jury verdict awarding appellee, Van C. Barnes, $80,000 as damages for injuries received when he fell from the caboose of a train being operated by appellant, Norfolk Southern Railway Company. The action was brought under The Federal Employers’ Liability Act, 53 Stat. 1404 (1939), 45 U.S.C.A. § 51 [hereinafter FELA],

The basic facts are largely undisputed. On the morning of August 21, 1959, Barnes was employed as a flagman on appellant’s southbound freight train out of Norfolk, Virginia. The train’s…