Carter v. Chicago, Rock Island & Pacific Railroad Co.

Plaintiff, an employee of the defendant-company, sought recovery of damages for personal injuries claimed to be the result of negligence on the part of another of its employees. The action was brought under the provisions of the Federal Employers’ Liability Act. 45 U.S.C.A., section 51 et seq. Certain defenses, including assumption of risk, are abolished by the Act. It requires proof of negligence of the employer before a plaintiff-employee can recover. The court submitted the case to the jury which returned a verdict for the plaintiff. The jury, in answer to a special interrogatory, found…