Norfolk & Western Railway Co. v. Chittum

The principal issue we consider in this appeal is whether the evidence is sufficient to support a verdict in favor of the plaintiff. We also consider whether the trial court erred in refusing to deduct the plaintiff’s pension contributions in calculating his net income.

I

Plaintiff, James L. Chittum, filed a motion for judgment under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (the Act or FELA), against his employer, Norfolk and Western Railway Company (N & W), seeking recovery of damages for personal injuries allegedly caused by N & W during the course of his employment. N & W…