Garrison v. Thompson

* NOTE: Opinion filed at September Term, 1938, April 1, 1939; motion for rehearing filed; motion overruled at May Term, 1939, May 2, 1939. This is an action for damages under the Federal Employers' Liability Act, 45 U.S.C.A., Sections 51 et seq. Plaintiff, upon a jury trial, obtained a judgment for $10,000, and defendants appealed.

Error is assigned on the refusal of defendants' demurrer to the evidence at the close of the whole case, on given instructions given for plaintiff, and on an alleged excessive verdict.

July 1, 1935, defendants entered into a contract with Crane Byrd, whereby 42130…