Lloy

At all pertinent times, appellee, Pacific Electric Railway Company, a corporation, was a common carrier by railroad engaged in commerce between California and other States. Appellant, Thomas M. Lloy, was employed by appellee in such commerce as a trolleyman on an electric locomotive. On March 26, 1952, at Hermosillo, California, appellant, while so employed, suffered injuries for which, in an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., he sought to recover of appellee damages in the sum of $95,000. Appellee answered, and a trial was had, resulting in a verdict and judgment for appellee. This appeal is from that judgment.

The complaint alleged: “That at said time and place acting in the regular course and scope of his duties, [appellant] was working on said electric locomotive which locomotive was being moved in a backward direction along one of [appellee’s] spur tracks leading to the main line; that at said time and place [appellant] in the course of his duties found it necessary to and did endeavor to control and steady the trolley of said locomotive by gripping the trolley rope; that at said time and place [appellee] through its agents, servants…