P. v. Murray v. The Denver and Rio Grande Western Railroad Company, a Corporation

MURRAH, Circuit Judge.

This is an appeal from a judgment on a directed verdict for the defendant railroad, entered at the conclusion of plaintiff’s evidence, in a personal injury action brought by Murray, an employee of the railroad, under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq.

Murray, a switch-foreman for the appellee railroad in Durango, Colorado, was injured while engaged in a switching movement during the night shift. The undisputed evidence shows that in the switching operations, some cars were uncoupled and propelled upward onto a hold track. Murray attempted to…