Moore v. Chesapeake & Ohio Railway Co.

This action, brought under the Federal Employers’ Liability Act1 in the United States District Court for the Eastern District of Virginia on behalf of a surviving widow and children, charged negligence against respondent railroad in the death of petitioner’s decedent, who was acting in the course of his employment as a brakeman for respondent at the time of his death. The case was tried before a jury. At the conclusion of all the evidence, re*574spondent moved for a directed verdict on the ground, among others, that respondent was not shown to have been negligent. The District Court reserved…