ATLANTIC COAST LINE RAILROAD COMPANY v. MASSENGILL

No. 7789.

264 F.2d 726 (1959)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. H. W. MASSENGILL, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 9, 1959.


Attorney(s) appearing for the Case

Collins Denny, Jr., Richmond, Va. (Denny, Valentine & Davenport, Richmond, Va., and Russell T. Bradford, Norfolk, Va., on the brief), for appellant.

William F. Davis, Suffolk, Va. (Woodward, Ferguson & Davis, Suffolk, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and PAUL and BOREMAN, District Judges.


SOBELOFF, Chief Judge.

The only question put to us on this appeal is whether the District Judge erred in submitting the case to the jury. The action is one brought by a section foreman of the Atlantic Coast Line Railroad Company against his employer under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for the loss of an eye, for which he was awarded $7,500. The appellant's contention, appropriately raised by motions at various stages of the proceedings...

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