Briggs v. Chicago Great Western Railway Co.

Matson, Judge.

Appeal from an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial.

This action, now before this court for the third time, 1 was brought under the Federal Employers’ Liability Act (45 USCA, §§ 51 to 60) for damages for injuries claimed by the plaintiff to have been caused by the defendant’s negligence while he was in its employ.

Aside from the question of whether the evidence sustains the verdict as to how the accident happened and as to the cause of plain tiff’s blindness, we have issues as to: (1) Whether the court erred in failing to…