Teresa E. Eastman, Administratrix of the Estate of Eric Gunner Eastman, Deceased, or Individually as His Surviving Widow v. Southern Pacific Company

This is an action brought by appellant under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for the recovery of damages for personal injuries resulting in-the death of her decedent. Appellee moved for a directed verdict of no cause of action at the conclusion of the proofs, but the trial court-allowed . the case to go to the jury which returned a verdict in favor of the appellant in the . amount of $10,000. Upon motion of the appellee, the trial court entered judg.ment notwithstanding verdict in its fa- . vor, -of no cause of action; and from such : order, appellant seeks review.

Appellant’s decedent, Eric Gunner Eastman, was employed in the Eugene, ■Oregon, yards of the Southern Pacific Company as a millman. His regular duties were to work in the mill room of the . railroad company’s repair shop as a car- • penter and do the carpentry work in railway cars on the repair track.

On October 16, 1952, Eastman was working on a “flanger” car on repair track No. 15. No particular time was specified for doing this work and Eastman had a good deal of discretion as to when and how the work would be performed. Immediately adjacent to the flanger ear, on the same repair…