Sumney v. Southern Ry. Co.

PARKER, Circuit Judge.

This is an appeal in an action against a railway company to recover damages on account of the death of an employee which is alleged to have been caused by the company’s negligence. The complaint set forth a cause of action under the Federal Employers’ Liability Act (45 U. S.C.A. § 51 et seq.) and also one under ■the state law, but it is not seriously disputed that the federal act governs. The court instructed the jury to answer the issues of negligence, contributory negli-ligence, and assumption of risk in favor of the defendant; and, from judgment on the verdict so…