SIMON, Judge.
This appeal arises out of an action by Waymon J. Hertzler, plaintiff, pursuant to the provisions of the Federal Employers' Liability Act (F.E.L.A.), 45 U.S.C. §§ 51-60 (1982), for injuries sustained as a result of Burlington Northern Railroad Company's, defendant, negligence. Trial was by jury in the Circuit Court of the City of St. Louis, and a verdict was returned for plaintiff in the amount of $40,000. Judgment was entered thereon.
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