Missouri Pacific Railroad Co. v. Treece

Kirby, J.,

(after stating the facts). It is contended for reversal that the testimony was not sufficient to support the verdict, and that the court erred in not sustaining appellant’s demurrer to the evidence at the time the appellee rested his case.

The complaint alleged, and it’ was conceded, that appellee at the time of his injury was working upon one of appellant’s bridges upon which was laid its railroad track-used in interstate commerce, and that the case falls within the provisions of the Federal Employer’s Liability Act.

Appellee was working with an extra gang on one of appellant’s…