Geiken v. Chicago Great Western Railroad

Plaintiff brought suit under the Federal Employers ’ Liability Act to recover damages for injuries sustained while working for the defendant; at the close of all the evidence the court instructed the jury to find the defendant not guilty, and plaintiff appeals.

The complaint charged that defendant negligently furnished plaintiff with a spike maul which was dangerous and defective in that the head of the maul was too highly tempered and brittle, and that in using it there was danger of chips and particles flying off it, and that while using- it a chip flew off striking plaintiff in the left eye.