Haupt v. Cincinnati, N. O. & T. P. Ry. Co.

This is a suit under the Federal Employers ’ Liability Act, 45 U. S. C. A., Sec. 51 et seq., for personal injuries. At the close of plaintiff’s proof the trial judge sustained defendant’s motion for peremptory instructions and dismissed the action. Motion for a new trial was made and overruled. An appeal in the nature of a writ of error was prayed, granted and perfected. The case has been ably briefed and argued before us.

We speak of the parties as plaintiff and defendant. Plaintiff was an employee of defendant in its signal department, engaged in interstate commerce.

On the day of the…