Fort Smith, Subiaco & Rock Island Railroad v. Moore

Hart, J.,

(after stating the facts). As above stated, it was conceded by counsel for the plaintiff that the suit was brought under the Federal Employers ’ Liability Act, and that the plaintiff’s right to recover was based upon that act.

Upon the former appeal it was earnestly insisted that the defendant was not guilty of negligence in any respect. This court, under the facts proved at the first trial, held that, under the evidence of the plaintiff, the jury might find that the negligence of the engineer consisted, in backing the engine and tender with the four cars attached thereto against the…