Cole v. St. Louis-San Francisco Railway Co.

Action under the Federal Employers’ Liability Act and Safety Appliance Act for damages for personal injuries. At the time plaintiff and defendant were engaged in interstate commerce. Defendant offered no evidence. Verdict for plaintiff for $30,000. The motion for'a new trial was sustained. The court stated of record that it should have given the instruction, in the nature of a demurrer, and directed a verdict for defendant. Plaintiff appealed from the order granting a new trial.

Plaintiff was head brakeman on a freight train of defendant which left Pensacola, Florida, the southern terminus of…