Sabb v. Norfolk & Portsmouth Belt Line Railroad

*21In this action governed by the terms of the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., the sole issue on appeal is whether the trial court erred in sustaining defendant’s motion to strike, made after plaintiffs case-in-chief, on the ground that plaintiff had produced no evidence that defendant was negligent.

Under familiar principles applicable where a trial court has granted a motion to strike the plaintiffs evidence, we state the evidence in a manner most favorable to the plaintiff. At the time he was allegedly injured, David Sabb, the plaintiff, was employed as a laborer by…