Terrell v. Missouri-Kansas-Texas Railroad

EAGER, Presiding Judge.

This is a suit for personal injuries under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The jury returned a verdict for the defendant, and plaintiff appealed, after his motion for a new trial was overruled. Interstate commerce was concededly involved. The only questions raised on this appeal are the propriety of several instructions given at the request of defendant, but it will be necessary to review the facts. We shall refer to the parties as they appeared below; the amount of plaintiff’s prayer was $100,000.

Plaintiff, Ralph Terrell, was a brakeman…