Seaboard Air Line Railroad v. McCutcheon

This is an appeal by the defendants from a judgment entered on a jury verdict in favor of the plaintiff.1 The nature of the action and factual background were stated briefly in the opening of appellant’s brief as follows: “This is a personal injury action brought by plaintiff against the Seaboard Air Line Railroad and its conductor, James B. Mayes. Depending on which version of the evidence is believed, plaintiff was either asleep under a box car or taking a short cut across the railroad’s freight yard after midnight on May 17, 1957. Whatever he was doing, he was struck and injured by moving…