Charles D. McEwen v. Spokane International Railroad Company

CHAMBERS, Circuit Judge.

This is one of those unusual Federal Employers’ Liability Act 1 cases where the jury returned a verdict against the injured workman and in favor of the railroad. Now the plaintiff appeals, asserting that the court under the principles of res ipsa loquitur should have instructed the jury that the defendant, on the facts, was liable (and, therefore, the only issue was damages), that his motion for new trial should have been granted, and that the court failed to give certain res ipsa instructions requested and gave some instructions that it should not have given.

The…