Cade v. Atchison, T. & S. F. Ry. Co.

HYDE, Judge.

Action for damages for personal injuries under the Federal Employers’ Liability Act. 45 U.S.C.A.' §§ 51-60. Verdict and judgment for plaintiff for $126,000 reduced by remittitur of $51,000 to $75,000; and defendant has appealed. Defendant contends it was,'entitled to a directed verdict and also alleges error in instructions, admission of evidence, and failure to grant a mistrial because of misconduct of plaintiff’s counsel.

Plaintiff was acting as foreman of a switching crew at Wellington, Kansas, when iiijured by falling over the drain box, or catch basin of a sewer, which…