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NORFOLK SOUTHERN RY. CO. v. THOMAS

Record No. 982682.

522 S.E.2d 620 (1999)

258 Va. 516

NORFOLK SOUTHERN RAILWAY COMPANY v. Kenneth Lee THOMAS, Sr.

Supreme Court of Virginia.

November 5, 1999.

Attorney(s) appearing for the Case

John D. Eure (James F. Johnson; Johnson, Ayers & Matthews, on briefs), Roanoke, for appellant.

Larry W. Lockwood, Jr. (Walton G. Bondurant, Jr.; David S. Schnitzer; Miller & Bondurant, on brief), Portsmouth, for appellee.

Present: All the Justices.

KEENAN, Justice.

In this appeal of a judgment in an action brought under the Federal Employers' Liability Act (the FELA), 45 U.S.C. §§ 51-60, we consider whether the trial court erred in refusing to instruct the jury on an issue of contributory negligence.

In August 1995, Kenneth Lee Thomas, Sr., allegedly injured his back while working as a student mechanic for Norfolk & Western Railway Company (the railway).* When...

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