Napier v. Delaware

This is an action brought under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq., to recover a money judgment for injuries sustained by the plaintiff while in the employ of the defendant railroad company. From the judgment entered on a jury verdict for the plaintiff, the defendant appealed. The plaintiff moved to dismiss for lack of appellate jurisdiction and argument on this motion was heard concurrently with argument on the merits of the appeal. We turn directly to a consideration of the motion to dismiss the appeal.