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Butynski v. Springfield Terminal Railway Co.

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Before Lynch, Chief Judge, Selya and Stahl, Circuit Judges.

This is a personal injury action brought pursuant to the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60. The jury found the defendant negligent but reduced the award of damages substantially based on a finding of contributory negligence. The plaintiff appeals, posing claims of both instructional error and evidentiary insufficiency. In the end, however, all roads lead to Rome, and a single exegesis suffices to show that the record contains evidence adequate to permit jury consideration of the disputed issue (thus defeating the claim of instructional error) and to ground a finding on that issue (thus defeating the claim of evidentiary insufficiency). Accordingly, we answer both questions at one fell swoop and affirm the judgment below.

We rehearse the facts as the jury could have found them, mindful that “when the losing party protests the sufficiency of the evidence, the court of appeals must take both the facts and the reasonable inferences therefrom in the light most hospitable to the jury’s verdict.” Correa v. Hosp. San Francisco, 69 F.3d 1184, 1188 (1st Cir. 1995).

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