Wehrli v. Wabash Railroad Company

STORCKMAN, Presiding Judge.

The defendant has appealed from a judgment for $40,000 in an action under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60, to recover damages for personal injuries suffered by the plaintiff at a railroad crossing in Adrian, Michigan, as the result of a collision between the railroad motor car upon which he was riding and an automobile traveling on the highway. The relief sought on appeal is a judgment for the defendant in accordance with its motion for a directed verdict or, in the alternative, for a new trial.

Plaintiff’s petition alleged that the…