Waller v. Southern Pacific Co.

Defendant appeals from a judgment in favor of plaintiff entered on a jury verdict in a personal injury action brought under the Federal Employers’ Liability Act (hereinafter called F.E.L.A.).

Defendant maintains that the evidence is insufficient to justify the conclusion either that defendant was negligent or that its negligence played any role in aggravating plaintiff’s preexisting condition; that hypothetical questions propounded to plaintiff’s expert were not accurate statements of the record and contained facts contrary thereto; that the court erroneously instructed the jury on the…