Southern Railway Co. v. Smalley

Felton, Chief Judge.

This is the second appearance of this case in this court. The first decision is reported in Southern R. Co. v. Smalley, 112 Ga. App. 471 (145 SE2d 708). Count 1 of the petition is all that is involved in this appeal. The fourth amendment to Count 1 was made since the first trial of the case. That amendment eliminated all questions of the plaintiff’s right to recover except the right under the Federal Employers’ Liability Act, 45 USCA § 51 et seq. To simplify the trial of the complex issues in the case the court submitted to the jury the sole question whether under the…