Atlanta, Birmingham Coast R. Co. v. Cary

GARDNER, Chief Justice.

The suit is under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., and that it was properly so brought and the cause of action correctly stated in the count upon which the case was submitted to the jury, does not appear to be here questioned.

There was judgment for the plaintiff, from which defendant prosecutes this appeal. Motion for a new trial was overruled.

The entire argument of appellant is rested upon the theory of an insufficiency of the evidence to make out a case for submission to the jury, and the refusal of the affirmative charge duly requested…