Atchison, Topeka and Santa Fe Railway Co. v. Marzuola

DAVISON, Justice.

This is an appeal by The Atchison, Topeka and Santa Fe Railway Company (defendant below) from an order of the trial court granting a new trial to plaintiff, Eugene Marzuola, after a unanimous jury verdict for defendant in an action brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover for personal injury sustained while working for defendant in interstate commerce.

Plaintiff, who was admittedly a brakeman employee of defendant, alleged (inter alia) in his petition that defendant, while engaged in interstate commerce, negligently and in…