Cruce v. Gulf, Mobile Ohio Railroad Co.

Plaintiff, Cruce, obtained a verdict in the sum of $45,000 against appellant, Gulf, Mobile and Ohio Railroad Company, for personal injuries sustained when a cable on a coal chute broke permitting the pan of the chute to fall on him. Appellant's motion for new trial was denied, conditioned on plaintiff filing a remittitur for $10,000. Plaintiff complied and judgment was entered for $35,000. The railroad company appealed.

The evidence reveals the following: Plaintiff began working for the railroad in June, 1906, in the State of Tennessee, as a section laborer. Later he became foreman and…