Basham v. Pennsylvania Railroad

Petitioner, a car repairman employed by respondent railroad, brought this suit under the Federal Employers’ Liability Act, 35 Stat. 65, as amended, 45 U. S. C. § 51 et seq., in the Supreme Court of the State of New York to recover damages for personal injuries sustained as a result of respondent’s alleged negligence. A jury verdict for petitioner was set aside by the trial judge on the ground that negligence was not established. The Appellate Division affirmed without opinion, one judge dissenting, 10 App. Div. 2d 948, 201 N. Y. S. 2d 362, and the Court of Appeals affirmed, also without…