Hicks v. Louisville & Nashville Railroad

Bell, Justice.

F. C. Hicks, a former employee of the Louisville & Nashville Eailroad Company, recovered a verdict against the company for $9000. The action was brought under the Federal employer’s liability act. Defendant pleaded the defense of assumed risk, and in its motion for new trial contended that the evidence established this defense as a 'matter of law. The trial court refused to grant a new trial, and the defendant excepted. The Court of Appeals reversed the judgment solely upon the ground that the evidence failed to support the verdict. The case is now before this court on the grant…