Norfolk Southern Railway Co. v. Sumner

OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL

This is an appeal by a railroad corporation from a judgment in favor of one of its employees in an action brought under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51 through - 59, as amended.

FACTS AND PROCEEDINGS

In accordance with familiar principles of appellate review, the facts will be stated in the light most favorable to the prevailing party at trial. Mark A. Sumner (the plaintiff) was an employee of Norfolk Southern Railway Company (the defendant), a corporation operating a railroad as a common carrier in interstate commerce.

On…