Virginian Ry. Co. v. Viars

DOBIE, Circuit Judge.

Plaintiff, Viars, commenced this action in the United States District Court for the Southern District of West Virginia to recover damages -under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., from the Virginian Railway Company (hereinafter called defendant). The case was tried-before a jury, and-from a verdict and judgment of $30,000 in favor of plaintiff, defendant has appealed.

We think the case was tried under proper instructions and that the only question we need consider is whether under the evidence, defendant was entitled to- a directed verdict in…