Cantley v. Missouri-Kansas-Texas Railroad Co.

This is an action under the Federal Employers' Liability act for injuries sustained as a result of the derailment of a locomotive tender during a switching movement. Missouri-Kansas-Texas Railroad Company, a corporation, appeals from a judgment for $30,000 in favor of Joseph G. Cantley. Plaintiff based his cause of action upon the res ipsa loquitur doctrine. Defendant questions the submissibility of plaintiff's case under said doctrine, the giving and refusing of instructions, the admissibility of certain evidence and the amount of the judgment.

Plaintiff was injured about 6:50 P.M., September…