Virgil Herdman v. Pennsylvania Railroad Company

Appellant is a freight conductor employed by the appellee railroad company. He brought this action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for injuries he received while riding in the caboose of a freight train in the course of his employment. This appeal is from the judgment of the district court entered upon a directed verdict for the appellee railroad.

The appellant himself was his only witness at the trial. He testified that his injuries were received when he was thrown to the floor of the caboose by an emergency stop made by the train at a time when it was…