Robert G. Funseth v. Great Northern Railway Company

This is an action for damages, brought under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., by appellant, a railroad brakeman-conductor, against his employer, Great Northern Railway Company, for on-duty injuries sustained by appellant. Plaintiff and appellant appeals from the judgment entered against plaintiff upon a jury verdict in favor of defendant íailroad.

The F.E.L.A. 45 U.S.C. § 51 , provides:

The main question presented on this appeal is whether the District Court committed prejudicial error in giving to the jury the following instruction:

Plaintiff-appellant, contending that the District Court committed prejudicial error in giving this instruction, mainly relies on Coray v. Southern Pacific Co., 335 U.S. 520 , 69 S.Ct. 275 , 93 L.Ed. 208 (1948); Rogers v. Missouri Pacific Ry. Co., 352 U.S. 500 , 77 S.Ct. 443 , 1 L.Ed.2d 493 (1957) and Page v. St. Louis Southwestern Ry. Co., 312 F.2d 84 , 98 A.L.R.2d 639 (5th Cir. 1963).

Defendant-appellee, contending that the instructions on the subject of causation must be considered as a whole, argues that the particular instruction complained of is neither erroneous nor inconsistent with the accompanying other…