Scott v. Norfolk & Western Railway Co.

Woods, Judge:

This is an action brought by Robert D. Scott, colored, a section hand, against his employer, the Norfolk & Western Railway Company. The action was brought and tried under the Federal Employers’ Liability Act. The circuit court set aside a verdict for the plaintiff and awarded a new trial. The plaintiff appeals.

The plaintiff, age 28 years, together with a number of section hands, under the direction of a white 'foreman, had been engaged for several weeks in relaying tracks of the defendant company, at and about Williamson. On March 25, 1924, the day of his injury, plaintiff, with…