Port Angeles Western R. v. Tomas

DIETRICH, Circuit Judge.

In the fore-moon of November 19,1927, while working as a section hand in the repair of appellant’s railroad track, appellee was caught underneath a failing tree and suffered severe injury. Appellant was engaged as a common carrier in interstate commerce, and hence in bringing this suit to recover damages appellee invoked the provisions of the Federal Employers’ Liability Act (45 USCA §§ 51-59). The verdict was in his favor, and from an appropriate judgment thereon the defendant prosecutes this appeal. '

The record discloses no objections or exceptions respecting the…