Moore v. Denver & Rio Grande Western Railroad Co.

McDonough, chief justice.

Respondent was awarded judgment upon a verdict in the net amount of $17,500 in a suit brought under the provisions of the Federal Employers’ Liability Act, 45 U.S. C.A. § 51 et seq.

In his complaint, respondent prayed damages for injuries to his back and nervous system, including a “ruptured interverte-bral disc in the lower lumbar region of his spine.” To prove this injury, he introduced the testimony of a doctor who examined him for the purpose of trial and not for the purpose of treatment. The doctor testified that his first examination revealed a slight muscle…