Farrar v. St. Louis-San Francisco Railway Co.

WESTHUES, C.

[ 392] Appellant Farrar filed this suit to recover damages alleging that through the negligence of the defendant he contracted silicosis while he was employed as a sand blaster by the defendant at Springfield, Missouri. A jury returned a verdict in plaintiff’s favor in the sum of $45,000. The trial court sustained defendant’s motion for new trial assigning as a reason therefor error in an instruction given at plaintiff’s request. Plaintiff appealed.

*411The defendant in its answer pleaded the statute of limitations, that is, Title 45, Sec. 56, U. S. C. A., which provides “No action…