Maxie v. Gulf, Mobile Ohio Railroad Co.

[333]

DOUGLAS, P. J.

This is a second appeal by the railroad in a suit for personal injuries under the Federal Employers’ Liability Act. ■ At the first trial the case was submitted to the jury under the res ipsa loquitur doctrine, and the jury gave plaintiff judgment for $17,000. Upon appeal, we reversed and remanded on the ground submission under .the .res ipsa loquitur doctrine was error since the petition had pleaded acts of specific negligence on- the part of the railroad. Our opinion, is .reported in 356 Mo. 633, 202 S. W. (2d) 904.

After remand plaintiff amended his petition to plead…