McNatt v. Wabash Railway Co.

Action for personal injuries under Federal Employers' Liability Act. [45 U.S.C.A., Secs. 51-59.] The jury returned a verdict for $35,000; judgment was entered in accordance with the verdict, and defendant appealed.

Plaintiff was a brakeman on what may be called a pick-up and setout train, running between Moberly, Missouri, and St. Louis. The crew consisted of the engineer, fireman, conductor and three brakemen. Plaintiff alleged that at time of his injury he and defendant were engaged "in interstate commerce and transportation," and, as to negligence, went to the jury on the charge that the…