Venturino v. Norfolk & Western Railway Co.

Litz, Judge:

Plaintiff, James Venturino, is aggrieved by the ruling of the circuit court, setting aside a verdict of $5,000.00 in his favor and awarding defendant, Norfolk & Western Bailway Company, a new trial in an action for personal injury sustained by him in the course of his employment as its servant.

According to his testimony, plaintiff was injured July 7, 1929, at 11 a. m. while engaged in sweeping with a push broom the track of a turntable at the Williamson yards of defendant, in Mingo County, by slipping on a cross-tie, resulting in tuberculosis of his left hip joint. He was, at the…