Vanhoose v. Chesapeake & Ohio Railway Co.

Opinion of the Court by

Judge Clay

Affirming.

Dan J. Yanhoose sued the Chesapeake & Ohio Railway Company for damages for the loss of a leg alleged to have been caused by the negligence of the company in failing to furnish him a reasonably safe place to work. A motion to require him to elect whether he. would prosecute the suit under the state law or under the Federal Employers’ Liability Act was. sustained,- and he .elected to proceed under the state law. .

A trial before a jury resulted in a verdict and judgment for $12,500.00. On appeal it was held that, as the evidence clearly showed that…