Glover v. Atchison, Topeka, & Santa Fe Railway Co.

LOWENSTEIN, Chief Judge.

This appeal is taken by the plaintiff, Glover, from the granting of motion for judgment notwithstanding the verdict (j.n.o.v.) in favor of the defendant employer, the railway, in a Federal Employers’ Liability Act (FELA) action. 45 U.S.C. § 51 (1986).

The evidence showed Glover, a carmen welder hurt his back while lifting a metal plate along with another Santa Fe employee. A jury returned a $75,000 verdict. In sustaining the j.n.o.v. motion the court noted an absence of negligence as required under the federal act.

The plaintiff and Romero were going to install a…