Cook v. Seaboard System Railroad, Inc.

Benham, Judge.

Alleging that he was injured on his job with Seaboard System Railroad, Inc. (Seaboard), Cook brought an action under the Federal Employers’ Liability Act (FELA), 45 USCA § 51 et seq. The primary allegation of negligence on which Cook based his action was that Seaboard failed to provide him with a safe place to work. Specifically, Cook testified at trial that he was required to traverse a path down a muddy embankment in the dark, carrying tools in both hands, resulting in a fall and a consequent injury to his back. The jury returned a verdict for Cook, but the trial court granted…