Spears v. Atchison, Topeka & Santa Fe Railway Co.

SCHNACKENBERG, Circuit Judge.

Defendant appeals from a judgment in favor of Spears, on a verdict in an action under the Federal Employers’ Liability Act.2 The errors relied upon arise out of the failure of the court to grant defendant’s motions for a directed verdict or for judgment notwithstanding the verdict.

*781The following statement of facts is supported by evidence.

Spears, a diabetic, was employed by defendant as a diesel shop laborer. His duties included cleaning the area around a wheel-turning lathe, and keeping said area free from metal shavings, as well as cleaning with oil and preparing…