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MILLER v. CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RY. CO.

No. 14954.

317 F.2d 693 (1963)

Lawrence M. MILLER, Plaintiff-Appellee, v. CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 22, 1963.

Attorney(s) appearing for the Case

Dawson Hall, Chattanooga, Tenn., Whitaker, Hall & Haynes, Chattanooga, Tenn., of counsel, for appellant.

Ray Siener and Joe Van Derveer, Chattanooga, Tenn., Van Derveer, Brown & Siener, Chattanooga, Tenn., on the brief, for appellee.

Before MILLER, McALLISTER and O'SULLIVAN, Circuit Judges.

O'SULLIVAN, Circuit Judge.

This is an appeal from a judgment for plaintiff entered upon a jury verdict of $24,000. The action was brought under the Federal Employers' Liability Act. Title 45 U.S.C.A. §§ 51-60. Defendant-appellant railroad asserts that a verdict should have been directed for it, contending that the proofs did not present a jury question as to negligence or proximate cause. The District Judge held that the issue of proximate cause was for...

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