Louisville and Nashville Railroad Co. v. Phillips

EMBRY, Justice. 1

This is an appeal by defendant Railroad Company from an order of the trial court granting a motion for new trial. We affirm.

The action was by plaintiff employee of defendant Railroad under the provisions of Tit. 45, U.S.C.A., 1, 9 (Federal Safety Appliance Act) and § 51 (Federal Employers’ Liability Act); claiming damages for injuries to his right elbow and arm as a result of two incidents occurring on separate occasions.

At the close of the evidence the issues were submitted to the jury and a verdict returned by it in favor of the defendant Railroad. Judgment was entered…