Carnes v. Kansas City Southern Railway Co.

HOLMAN, Commissioner.

In this action to recover damages for personal injuries under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., plaintiff obtained a verdict for $52,-000. Defendant has duly appealed from the ensuing judgment and here contends that the trial court erred (1) in instructing the jury, (2) in the exclusion of certain evidence relating to defendant’s safety rules, (3) in allowing argument by counsel for plaintiff concerning an item of damage not supported by the evidence, and (4) in failing to grant a new trial because of the ex-cessiveness of the verdict.

As…