Gray v. Southern Pacific Co.

Plaintiff appeals from a judgment for defendant notwithstanding the verdict of a jury awarding her damages in the sum of $15,000 in an action under the Federal Employers’ Liability Act, (45 U.S.C.A., secs. 51-59) based upon the alleged negligence of defendant in the operation of its train resulting in the death of Pierce L. Gray.

The main issue presented is whether or not the evidence is sufficient to support the implied finding of the jury that the deceased met his death in the course of his employment as the result of defendant’s negligence. Plaintiff’s theory is that the deceased was…