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McEWEN v. SPOKANE INTERNATIONAL RAILROAD COMPANY

No. 18171.

325 F.2d 491 (1963)

Charles D. McEWEN, Appellant, v. SPOKANE INTERNATIONAL RAILROAD COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

December 9, 1963.

Attorney(s) appearing for the Case

R. Max Etter and Ellsworth I. Connelly, Spokane, Wash., for appellant.

Hamblen, Gilbert & Brooke and Fred Gilbert, Spokane, Wash., and Randall B. Kester, Portland, Or., for appellee.

Before CHAMBERS, ORR and BARNES, Circuit Judges.

CHAMBERS, Circuit Judge.

This is one of those unusual Federal Employers' Liability Act1 cases where the jury returned a verdict against the injured workman and in favor of the railroad. Now the plaintiff appeals, asserting that the court under the principles of res ipsa loquitur should have instructed the jury that the defendant, on the facts, was liable (and, therefore, the only issue was damages), that his motion for new trial should...

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