Finley v. Norfolk & Western Railway Co.

The appellant in this proceeding, Lester Kent Finley, who injured his back in the course of his employment with Norfolk and Western Rahway Company, brought this action under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, et seq. The case was tried before a jury, and on May 2, 1997, the jury found that Norfolk and Western Railway Company was not negligent and returned a verdict in favor of the company.

On appeal, the appellant claims that the verdict was contrary to the weight of the evidence and that the circuit court should have granted him a new trial.. He also claims that the…