Bumstead v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

West, J.:

The plaintiff recovered a judgment for damages alleged to have been caused by the negligence of defendant’s agents and servants in moving certain freight cars against the' caboose, in which he was at the time, with such violence *590as to cause him serious injury. The action was under the federal employers’ liability act. The defendant appeals and assigns error in giving and refusing instructions and in overruling its motion for a new trial. The main contention, however, is that under the evidence it was error to instruct or find that the…