Davis v. Chicago, Burlington & Quincy Railroad

Dorset, C.

Action for damages 'for personal injuries under the federal employers’ liability law (35 IT. S. St. at Large, ch. 149, p: 65) by a mechanic employed in the. defendant’s repair shops. At the close of plaintiff’s evidence, and again after both parties had rested, the defendant moved for an instructed verdict. The trial court sustained the motion and directed a verdict for the defendant. From the judgment entered thereon the plaintiff appeals.

The plaintiff was, as he described it in his testimony, a steam-pipe fitter’s helper. His work consisted of putting in steam-pipes on locomotive…