Sumner v. Ann Arbor Railroad Co.

This is an action under the Federal employers’ liability act of April 22, 1908 (35 U. S. Stat. chap. 149, p. 65). It is conceded the action is properly planted. Plaintiff, a section laborer in defendant’s employ, while engaged with others in unloading wood cross-ties from a gondola car, was. severely injured. Trial was had in the circuit with verdict and judgment for defendant. Upon denial of motion for a new trial plaintiff sued out a writ of error. The' errors alleged relate to instructions given the jury, refusal to give requested instruction, and denial of a new trial.

The height of the…