Rogers v. Thompson

BOHLING, C.-

J. Boyd Rogers recovered a judgment for $35,000 (after a remittitur of $15,000 on the overruling of the motion for new trial) against Guy A. Thompson, Trustee for Missouri Pacific Railroad Company, a corporation, under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.). Mere contributory negligence diminishes the damages but does not bar a recovery under the Act. § 53. The issues presented involve questions respecting the evidence, the instructions, the argument and the amount of the judgment. A statement of the facts in some detail is proper.

Defendant operates…