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BARNES v. NORFOLK SOUTHERN RAILWAY CO.

No. 9115.

333 F.2d 192 (1964)

Van C. BARNES, Appellee and Cross-Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, Appellant and Cross-Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 14, 1964.

Attorney(s) appearing for the Case

Cadwallader J. Collins, Raleigh, N. C., and William C. Worthington, Norfolk, Va. (Worthington, White & Harper, Norfolk, Va., on brief), for appellant and cross-appellee.

Howard I. Legum and Louis B. Fine, Norfolk, Va. (Fine, Fine, Legum & Schwan, Norfolk, Va., on brief), for appellee and cross-appellant.

Before BOREMAN and J. SPENCER BELL, Circuit Judges, and BARKSDALE, District Judge.

J. SPENCER BELL, Circuit Judge.

This is an appeal from a district court judgment entered on a jury verdict awarding appellee, Van C. Barnes, $80,000 as damages for injuries received when he fell from the caboose of a train being operated by appellant, Norfolk Southern Railway Company. The action was brought under The Federal Employers' Liability Act, 53 Stat. 1404 (1939), 45 U.S.C.A. § 51 [hereinafter FELA].

The basic facts are largely undisputed. On...

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