Chesapeake & Ohio Railway Co. v. Cooper

Opinion op the CouRt by

Judge CaRRoll

— Affirming.

In a suit under tlie Federal Employers’ Liability Act, to recover damages for personal injuries sustained, the appellee, Cooper, bad a judgment against the appellant company for eight thousand dollars. A reversal is asked on the ground that there was no- evidence offered in behalf of appellee to sustain the averments of the pleading stating the acts of negligence on which he went to trial, and therefore the.motion for a peremptory instruction should have been sustained. . Another ground relied on is error in the instruction on contributory…