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CHESAPEAKE AND OHIO RAILWAY COMPANY v. BURTON

No. 6876.

217 F.2d 471 (1954)

The CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, Appellant, v. Harry L. BURTON, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 7, 1954.

Attorney(s) appearing for the Case

Amos A. Bolen, Huntington, W. Va. (William C. Beatty, Huntington, W. Va., Strother Hynes, Richmond, Va., and Fitzpatrick, Marshall, Huddleston & Bolen, Huntington, W. Va., on brief), for appellant.

No brief and no argument for appellee.

Before SOPER and DOBIE, Circuit Judges, and THOMSEN, District Judge.

DOBIE, Circuit Judge.

This is an appeal from a judgment entered by the United States District Court for the Southern District of West Virginia on a jury verdict returned in favor of Harry L. Burton (hereinafter called Burton) in a civil action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51, against the Chesapeake and Ohio Railway Company (hereinafter called Chesapeake), a railroad engaged in interstate commerce. After entry of judgment,...

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