Larkin v. Reading Co.

JOHNSON, District Judge.

This is an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover for the loss of an arm sustained by the plaintiff, an employee of the defendant, at the Rutherford Yards, near Harrisburg, Pennsylvania, on January 9, 1937. The case was tried before the court, and a jury which returned a verdict of $15,000 for the plaintiff on February 1, 1939. The defendant has moved for a new trial, and for judgment on the following points of law reserved at the trial:

“Tenth: Plaintiff has failed to prove that he was engaged in interstate…