Reynolds v. Virginian Railway Co.

Kenna, Judge:

B. E. Reynolds brought this action in trespass on the case against the Virginian Railway Company in the circuit court of Mercer County. The declaration is framed under the Federal Employers ’ Liability Act. To an order of that court, entered December 20, 1934, setting aside a verdict in the sum of $15,000.00 in favor of the plaintiff and awarding the defendant a new trial, the plaintiff prosecutes this writ of error.

The proof of the plaintiff shows that Reynolds was injured on the 1st day of September, 1933, when the rigging of a scaffold, from which he was repairing the inside…