Pratt v. Louisiana & Arkansas Ry. Co.

DAWKINS, District Judge.

By the verdict of a jury plaintiff was awarded the sum of $5,000 damages for the loss of a foot while employed as a brakeman of defendant in a suit under the Federal Employers’ Liability Act, Title 45 U.S.C.A. § 51. This court thought, in view of the answers by the jury to certain questions, submitted at the request of defendant, that there was no actionable negligence shown, and accordingly set aside the verdict, and gave judgment for the defendant under rule 50(b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The Court of Appeals for the Fifth…