Jones v. New York Cent. R. Co.

HICKS, Chief Judge.

The gist of the complaint in this case is, that appellant, plaintiff below, an express messenger for appellee, Railway Express Agency, Inc. (herein called Express Agency), while on duty on an express car forming part of a New York Central Railroad Company train, en route from Cleveland to St. Louis, sustained injuries when struck by an Express Agency truck as he was re-mounting the car at Terre Haute, Indiana. He brought suit under the Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The case was tried to the court without the intervention of a jury and upon a stipulation…