Martin v. Union Pacific Railroad

This is an action for damages for personal injuries brought under the Federal Employers’ Liability Act. Plaintiff recovered a verdict and judgment in the sum of $7500 and defendant has appealed.

Defendant insists that its instruction in the nature of a demurrer to the evidence should have been given. This necessitates our stating the facts in their most favorable light to plaintiff. There was some inconsistencies in the testimony of some of plaintiff’s witnesses and defendant to a certain degree relies upon the statements of these witnesses that are most favorable to it. However, in stating…