BIRMINGHAM SOUTHERN RAILROAD COMPANY v. BALL

6 Div. 590.

126 So.2d 206 (1961)

BIRMINGHAM SOUTHERN RAILROAD COMPANY v. Handy BALL.

Supreme Court of Alabama.

January 12, 1961.


Attorney(s) appearing for the Case

Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, for appellant.

Clifford Emond, Jr., Birmingham, for appellee.


MERRILL, Justice.

This is an appeal from a judgment for $1500 in a suit brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. A motion for a new trial was overruled.

The single count which went to the jury charged that while appellee "was acting within the line and scope of his employment by defendant, in carrying certain air and/or water hose of defendant, he was caused to be struck on the knee by said air and/or water hose, and...

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