Central of Georgia Railway Company v. Phillips

MERRILL, Justice.

This appeal is from a judgment in favor of appellee in the amount of $60,000.00 in an action brought under the Federal Employers’ Liability Act (F.E.L.A.), 45 U.S.C.A. § 51 et seq. A motion for a new trial was overruled.

The complaint was in two counts. Count One alleged, in substance, that on April 7, 1962, the plaintiff was driving a truck owned by the defendant and was caused to become drowsy, gassed, and to go to sleep as a proximate consequence of the truck’s defective condition in allowing exhaust fumes, motor fumes and gas fumes to escape into the cab of the truck. This…