THE STATE OF SOUTH CAROLINA
In The Court of Appeals
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Lester W. Norton, Respondent,

v.

Norfolk Southern Railway Company, Appellant.

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Appeal From Spartanburg County
L. Casey Manning, Circuit Court Judge
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Opinion No. 3183
Heard April 10, 2000 - Filed June 5, 2000
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AFFIRMED
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Daniel B. White and Keith D. Munson, both of Gibbes, Gallivan, White & Boyd, of Greenville, for appellant.

Walton G. Bondurant, Jr., Randall E. Appleton and David S. Schnitzer, all of Miller & Bondurant, of Portsmouth, VA.; and John David Whisenhunt, of Whisenhunt & Whisenhunt, of Florence, for respondent.

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HEARN, C.J.: In this negligence action initiated under the Federal Employers' Liability Act (FELA)⁽¹⁾ Norfolk Southern Railway Company (Norfolk) appeals the trial judge's grant of a new trial following a jury verdict in its favor. We affirm.

FACTS

While working as a carman⁽²⁾ for Norfolk, Lester Norton fell when his foot became caught in a welding box, injuring his left knee. Coworker James Wilson, who witnessed Norton's fall