Creamer v. Ogden Union Railway & Depot Co.

HENRIOD, Justice.

Appeal from a judgment entered on a verdict in favor of plaintiff, for damages resulting in a heart failure ailment sustained while icing diners in interstate commerce, the provisions of the Federal Employers’ Liability Act, 45 U. S. C. A. § 51 et seep, prevailing. Judgment reversed with instructions to enter judgment for defendant, costs on appeal to defendant.

The facts we review in a light most favorable to plaintiff. Since childhood and to date of injury, plaintiff, then 36, being 6' 1 %" tall and weighting 215 lbs., had a latent rheumatic heart ailment, unknown to him and…