McGraw v. Norfolk & Western Railway Co.

McHUGH, Justice.

This case is before this court upon the appeal of Robert McGraw who, while employed by appellee Norfolk & Western Railway Co. (hereinafter “appellee” or “railroad”), sustained injuries when he was struck by a non-railroad employee. Appellant instituted an action against the railroad under the Federal Employers’ Liability Act, 45 U.S.C. § 51 (1939), alleging, inter alia, that it was negligent in failing to alleviate the known danger presented by the non-railroad employee and in failing to provide appellant with a reasonably safe place to work. By order dated May 2,1996, the…