ROWE v. NORFOLK & WESTERN RY. CO.

Nos. 55642, 55666.

787 S.W.2d 751 (1990)

James Virgil ROWE, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Respondent & Cross-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Rehearing Denied February 28, 1990.


Attorney(s) appearing for the Case

Pratt and Callis, P.C., Patrick S. O'Brien, East Alton, Ill., for plaintiff-appellant.

Armstrong, Teasdale, Schlafly, Davis & Dicus, Douglas K. Rush and Ann E. Buckley, St. Louis, Mo., for defendant-respondent and cross-appellant.


KAROHL, Judge.

Plaintiff, James Virgil Rowe, appeals judgment in accord with jury verdict in favor of defendant, Norfolk and Western Railway Company. Rowe brought suit under the Federal Employers' Liability Act (FELA) for a back injury allegedly sustained on November 21, 1983 in Kentucky while employed as a section laborer by defendant railroad. Defendant's theory is the claimed accident never happened, or, if it did happen...

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