Lawrence M. Miller v. Cincinnati, New Orleans and Texas Pacific Railway Company

O’SULLIVAN, Circuit Judge.

This is an appeal from a judgment for plaintiff entered upon a jury verdict of $24,000. The action was brought under the Federal Employers’ Liability Act. Title 45 U.S.C.A. §§ 51-60. Defendant-appellant railroad asserts that a verdict, should have been directed for it, contending that the proofs did not present a jury question as to negligence or proximate cause. The District Judge held that the issue of proximate cause was for the jury and that, applying the doctrine of res ipsa loquitur, so also was defendant’s negligence. He denied defendant’s, motions for a…