Brenizer v. Nashville, Chattanooga & St. Louis Railway

Opinion on Petition to Rehear.

The Court of Appeals, having found that there was material evidence for plaintiff, but, in effect, that the great weight of the evidence was with the defendant, nevertheless affirmed the action of the trial court is sustaining a motion for a directed verdict, on the ground that the Federal rule of practice applied in a case brought under the Federal Employers’ Act. This Court, for reasons stated in our original opinion, held that the State rule of practice governs in all trials in our State Courts, reversed the judgment and remanded the case.

By petition to rehear…