Estabrook

This is an appeal from a judgment awarding appellant $8,000 in a suit for alleged negligence of the appellee railway company, brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. A cross-appeal by the railway was stipulated, by the parties to be ordered dismissed.

Appellant, appellee’s employe in loading freight on its railway, is found by the district court to have been injured by the negligence of appellee’s fellow servant with appellant. The negligence caused a permanent coronary thrombosis which the court found makes appellant forever incapable of doing any work of a manual nature requiring physical or bodily strain.

Appellant left school at 16. He was trained as a steamfitter and, more recently, before his employ as a freight loader for appellee, had been a straw boss in a mine. His heart affliction makes useless all that prior experience and training.

No occupation for him was suggested except possible employment as a clerk at a desk in a class of clerkship where there would be no mental strain, if an employer could be found who would accept such a person as his employe. Appellant has no prior training or experience in clerical work.

Appellant was…