Dawson v. Reading Co.

Opinion by

Mr. Justice Walling,

This action, brought under the Federal Employers’ Liability Act of April 22, 1908, 35 TJ. S. Stat. 65, c. 149, on account of the death of Joseph Dawson, resulted in a verdict and judgment for plaintiff and defendant has appealed.

While the case falls within the act, his work being in furtherance of interstate commerce, the recovery cannot be sustained for lack of proof of defendant’s negligence. Dawson was working as one of a gang of track repairers on defendant’s double track railway at the Cheltenham section, a short distance from Philadelphia, and had been so…