Herbert v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

BERRY, Justice:

Jay D. Herbert [plaintiff] brought action under Federal Employers’ Liability. Act, 45 U.S.C. § 51, to recover damages from defendant railroad [his employer] for back injury allegedly incurred during course of employment. The jury returned verdict of $107,120 for plaintiff. Defendant appeals.

Defendant first contends trial court erred in denying its motion for continuance.

Defendant’s motion for continuance was filed after plaintiff testified at trial. In the motion defendant requested continuance to allow it to depose Dr. M, a nonresident physician who treated plaintiff for the…