Missouri Pac. R. v. Spangler

JOHNSEN, Circuit Judge.

The action is one in negligence for personal injuries, under Arkansas common law, by an employee against a railroad company and its trustee in reorganization.1 On a trial to a jury there was a verdict for the employee. Both parties filed motions for a new trial, and the court set aside the verdict. On a re-trial, the jury returned another verdict for the employee, and, from the judgment entered thereon, the company and its trustee have appealed.

The employee claimed to have been injured when a twelve-foot ladder, used in reaching the pit of a pump house at Cotter,…