Norton v. Norfolk Southern Railway Co.

HEARN, Chief Judge:

In this negligence action initiated under the Federal Employers’ Liability Act (FELA) 1 Norfolk Southern Railway Company (Norfolk) appeals the trial judge’s grant of a new trial following a jury verdict in its favor. We affirm.

FACTS

While working as a carman 2 for Norfolk, Lester Norton fell when his foot became caught in a welding box, injuring his left knee. Coworker James Wilson, who witnessed Norton’s fall in the tool shed, testified the box was empty and should have been placed in the trash instead of wedged under a shelf ledge. Wilson further stated the box was not…