Owens

Appeal from a judgment after jury verdict in favor of the plaintiff-appellee for damages resulting from the death of her husband, an employee of the defendant-appellant Railroad Company, who was fatally injured during certain switching operations in which he was participating. The action was brought under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-59 .

Two causes of action were stated in the complaint, and each cause of action set out five separate grounds of alleged negligence on the part of the appellant, to whom we shall refer herein as the Railroad Company. At the close of all of the evidence the trial judge found that four of the alleged grounds of negligence and the proof submitted by the plaintiff in connection therewith were legally insufficient to submit to the jury. The case was submitted on the one remaining ground of negligence, namely, the alleged violation of Company Rule 30 and the defendant’s defenses of the decedent’s negligence and assumption of risk. Company Rule 30 provides as follows :

and the defendant’s defenses of the decedent’s negligence and assumption of risk.

The evidence .concerning the accident which resulted in the decedent’s death…