Fitzpatrick v. St. Louis-San Francisco Railway Co.

STORCKMAN, Presiding Judge.

In this action, brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., the jury awarded plaintiff $60,000 damages for the loss of an eye. By remit-titur the recovery was reduced to $45,000 from which judgment the defendant has appealed. This is the second appeal in the case. The previous opinion is reported in Mo., 300 S.W.2d 490.

The defendant’s first contention is that the trial court erred in refusing to enter judgment for the defendant in accordance with its motion at the close of all the evidence. The defendant urges that the record fails…