Louisville N.R. Co. v. Russell

Charley Russell brought suit against the appellant, the Louisville & N. R. Co., under the Federal Employers’ Liability Act (45 U. S. C. A., sections 51-59), for an injury to his eye received while engaged as a section hand upon a section of the railroad company. The defendant, railroad company, pleaded the general issue, and gave notice thereunder of evidence to show that the plaintiff, Russell, assumed the risk of his employment, and that, by reason of the assumption of risk, there was no liability for his said injury.

In testifying, Charley Rnssell stated, in effect, that he had been…