Rouse v. New York, Chicago & St. Louis Railroad

Plaintiff brought this action under the Federal Employers ’ Liability Act for personal injuries allegedly due to defendant’s negligence. Upon a trial with a jury a verdict for $47,000 was returned, and after denial of defendant’s motion for judgment notwithstanding the verdict or for a new trial, judgment was entered upon the verdict, and defendant appeals.

That the parties come under the Federal Employers’ Liability Act is not disputed.

On September 4,1948, about 1:30 a. m., plaintiff was the engineer on defendant’s freight train driven at a speed of approximately 30 miles per hour, in an…