Hayes v. New York Central Railroad

Mr. Presiding Justice Matchett

delivered the opinion of the court.

This is an appeal by defendant from a judgment for $30,000 in favor of plaintiff, entered on the verdict of a jury in an action at law based on the Federal Employers ’ Liability Act (45 USCA §§ 51—59, §§22-34 Federal Boiler Inspection Act, with amendments).

The occurrence on which the action was based took place at Sheff, Indiana, February 19, 1944. The complaint, filed December 29, 1944, alleged defendant was negligent in failing to provide safe appliances with which to work, particularly “in furnishing the plaintiff with an…