Webber v. Terminal Railroad Assn.

This case, coming to the writer by reassignment, is an action for damages, under the Federal Employers' Liability Act (U.S.C.A., Title 45, Secs. 51-59), for personal injuries resulting from a fall while plaintiff was, as an employee of defendant, painting the Eads bridge, across the Mississippi River between Missouri and Illinois. The applicability of the Federal Act was admitted by defendant. Plaintiff had a verdict for $35,000, and, from judgment entered thereon, defendant has appealed.

The negligence relied upon is shown by the following part of plaintiff's Instruction No. 1, authorizing a…