Wiggins v. Powell

McCORD, Circuit Judge.

J. H. Wiggins, a section foreman for Receivers of the Seaboard Air Line Railway, was injured while engaged in the performance of his duties on the railroad. He brought suit against the Receivers under the provisions of the Federal Employers’ Liability Act, § 1 et seq., 45 U.S.C.A. § 51 et seq. The case was tried to a jury and at the conclusion of the evidence the court, on motion, directed a verdict for the defendants on the theory that Wiggins was guilty of negligence which “was the proximate cause of the accident”. From the judgment entered on the directed verdict…