Duffy v. Union Pac. R. Co.

*85LATIMER, Justice.

This action was commenced by plaintiff below, Charles Thomas Duffy, under the Federal Employers’ Liability Act, 45 U. S. C. A. § 51 et seq., to recover damages for personal injuries sustained by him while employed by the defendant as a railroad switchman. The accident happened on January 29, 1947, in defendant’s yards at Milford, Utah. The jury returned a verdict awarding the plaintiff $12,500.00 for personal injuries and deducted the sum of $3,500.00 for plaintiff’s contributory negligence, making a net verdict of $9,000.00 to plaintiff.

Neither the defendant nor the…