Missouri Court of Appeals March 27, 1920 (Manes v. St. Louis, San Francisco Railway Co.)

BRADLEY, J.

Plaintiff, respondent here, recovered below on trial before tbe court and a jury, and defendant appealed. Plaintiff’s petition originally was in two counts, the first based upon comman law negligence, and the second upon the Federal Employers’ Liability Act. Upon motion by defendant, plaintiff elected to proceed on the second count.