Scott v. Virginian Railway Co.

Kenna, Judge:

C. M. Scott brought this action in the Circuit Court of Wyoming County, and to a judgment based upon a verdict of a jury against it in the sum of $7,500.00, the defendant below prosecutes this writ of error. The action was brought under the Federal Employers’ Liability Act, and the assignments of error turn upon the proof.

The plaintiff in error contends (1) that the proof fails to show that it was guilty of actionable negligence; and (2) that in the event the evidence does show actionable negligence, it was the negligence of a fellow-servant, and, inasmuch as the proof shows that…