Potter Ex Rel. Potter v. Atlantic Coast Line Railroad

The plaintiff admits that the controversy is to be determined under the provisions of the Eederal Employers’ Liability Act, and that the two decisive questions are involved in the first and third issues. The defendant in apt time moved to dismiss the action as in case of nonsuit on the grounds that the plaintiff had not shown any act of negligence on the part of the defendant, and, if he had shown negligence, that the plaintiff had assumed the risk of personal injury and was barred of his alleged right to recover damages. The motion was denied. We are therefore first concerned with the…