No. 46742.

321 S.W.2d 462 (1959)

Frank GATZKE, Plaintiff-Appellant, v. TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS, a Corporation, Defendant-Respondent.

Supreme Court of Missouri, Division No. 1.

March 9, 1959.

Attorney(s) appearing for the Case

Rexford H. Caruthers, Shulamith Simon, Husch, Eppenberger, Donohue, Elson & Jones, St. Louis, Jack H. Ross, Gross, Jones, Blumenfeld & Ross, St. Louis, for appellant.

Robert C. Ely, St. Louis, for respondent.

VAN OSDOL, Commissioner.

In this action for personal injuries under the Federal Employers' Liability Act (45 U.S.C.A. § 51 et seq.) plaintiff had verdict and judgment for $18,500, but the trial court granted defendant a new trial on the specified ground of errors in excluding evidence proffered by defendant. Plaintiff has appealed from the new-trial order.

Plaintiff's case was submitted to the jury on the theory of negligence of defendant in failing to...

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