Louisville and Nashville Railroad Co. v. Bayles

There is no disagreement that a jury question was made as to Count A. Even though the evidence was slight, I think it was sufficient to go to the jury.

I cannot agree as to Count B. The mere enumeration of plaintiff’s physical troubles suffered from September, 1952, to December, 1953, does not constitute evidence that he continued to suffer from those illnesses after 1953, because his personal physician and the defendant’s physician both stated that he was physically able to return to work, he himself felt able to return to work, and he did work for thirty-five months before suffering a stroke.