Fenstermacher v. Chicago, Rock Island & Pacific Railway Co.

Action by an employee of defendant for personal injuries sustained by him while assisting in handling a heavy telegraph pole at Altamont, Missouri. The action was brought under the Federal Employers’ Liability Act. Trial below resulted in a verdict for plaintiff in the sum of $25,0:00 and defendant has appealed.

The assignments of error made by defendant are, first, that the trial court should-have given defendant’s instruction in the nature of a demurrer to the evidence, because the petition is based solely upon the Federal Employers ’ Liability Act and the evidence fails to show facts…