Wiser v. Missouri Pacific Railroad Company

EAGER, Presiding Judge.

This is a suit for personal injuries instituted under the Federal Employers’ Liability Act. 45 U.S.C.A., Ch. 2, § 51 et seq. The verdict and judgment were for plaintiff in the amount of $10,000; no motion for new trial was filed, but defendant did file, and the court overruled, a motion for judgment in accordance with its motion for a directed verdict. The present appeal is from that ruling and the sole question presented is whether plaintiff made a sub-missible case. This being true, we must necessarily consider the evidence from the standpoint favorable to plaintiff.…