Chicago Great Western Railway Company, a Corporation v. Guy P. Smith

VAN OOSTERHOUT, Circuit Judge.

The plaintiff (appellee) commenced this action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages from the defendant, a railroad admittedly engaged in interstate commerce, for injuries received while plaintiff was working for defendant as a brakeman on a freight train on June 17, 1953, at Tripoli, Iowa. The jury found for the plaintiff, and this is an appeal from final judgment based upon the verdict.

Plaintiff contends that his injuries were proximately caused by the negligent failure of the defendant to provide plaintiff…