Western & Atlantic Railroad v. Gardner

The special grounds of the motion for new trial are but an elaboration of the general grounds. Hence, the sole question for our determination is, did the evidence authorize the verdict.

In Lavender v. Kurn, 327 U. S. 645 (66 Sup. Ct. 740, 90 L. ed. 692), which was an action under the Federal Employers’ Liability Act, it was said: “In action under Federal Employers’ Liability Act for death of railroad switch tender, where there was reasonable basis in evidence for inferring that mail hook swinging from side of mail car struck deceased and jury made that inference, factual dispute could not be…