LOUISVILLE & N. R. CO. v. MARSHALL


603 S.W.2d 922 (1980)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellant, v. Herman Joseph MARSHALL, Appellee.

Court of Appeals of Kentucky.

As Modified March 14, 1980.

Discretionary Review Denied September 16, 1980.


Attorney(s) appearing for the Case

Fielden Woodward, David R. Monohan, Woodward, Hobson & Fulton, Louisville, for Louisville and Nashville R. Co; Marvin D. Jones, Louisville, Law Depart., L & N R. Co., of counsel.

James M. Clements, Louisville, for appellee.

Before COOPER, GUDGEL and LESTER, JJ.


COOPER, Judge.

This is an appeal from a judgment rendered in a negligence action brought under the Federal Employers' Liability Act. 45 U.S.C.A. § 51 et seq. At issue are the questions of whether the trial court erred in (1) refusing to direct a verdict for the appellant; or, in the alternative, (2) refusing to grant the appellant a new trial on the question of liability as well as damages.

In October of 1977, the appellee, Herman Joseph Marshall, instituted...

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