Nectaux v. Kansas City Southern Ry. Co.

DAWKINS, District Judge.

This is an action for damages under the federal Employers’ Liability Law (Comp. St. §§ 8657-8665). At the conclusion of the trial the court instructed the jury to find for plaintiff, leaving to it alone the question of the amount to be awarded. Defendant has moved for a new trial, both upon the question of liability and because of the alleged excessive amount of the verdict.

The reasons orally given by the court in directing a verdict upon the question of liability I am convinced, after further consideration, are sound in law. The line of railroad upon which the injury…