John Iannacito v. Denver & Rio Grande Western Railroad, a Corporation

BREITENSTEIN, Circuit Judge.

This appeal is from a judgment entered on a jury verdict for the defendant in a suit under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60. The only claim of error relates to the instructions.

Appellant-plaintiff was a carman employed by the appellee-defendant railroad. In 1961, while inspecting a train he twisted his ankle. Subsequently he developed back pains which continue to prevent him from working. He claims that the railroad was negligent in failing to provide a safe place to work. Nine doctors of varying specialties testified as to examinations of…