Clements v. Nashville C. & St. L. Ry.

This was an action by an employee of defendant to recover damages under the federal Employers’ Liability Act (April 22, 1908, 35 Stat. at L., 65, ch. 149, 8 Fed. Stat. Anno. [2d Ed.] p. 1208 [IT. S. Comp. St. Sections 8657-8665]) for personal injuries suffered by the plaintiff through the negligence of a fellow servant, while in the employ of the defendant. The circuit judge, upon motion of the defendant, instructed the jury to return a verdict in its favor, and this was accordingly done. The circuit judge based the instruction upon his judgment that upon the undisputed facts of the case the…