Jenkins v. Kurn

This is an action under the Federal Employers' Liability Act to recover for injuries received when plaintiff, a locomotive fireman, jumped from a moving freight train. The jury returned a verdict in favor of plaintiff for $12,000. The motion for new trial was overruled and defendants appealed.

It is conceded that the cause is properly under the Federal Employers' Liability Act. Plaintiff resided at Enid, Oklahoma, and his run was from Enid to Beaumont, Kansas. July 20, 1937, plaintiff was fireman on a northbound mixed train, No. 630, consisting of thirty-two freight cars and two coaches. The…