Quilantan v. Union Pacific Railroad

The opinion of the court was delivered by

West, J.:

The plaintiff sued under the Federal employer’s liability act to recover for an injury caused by being struck by one of the defendants’ engines. He recovered, but the court set the verdict aside and rendered judgment for the defendants. The plaintiff appeals and assigns as error certain instructions given, rendering judgment for the defendants on the findings of fact, and the refusal of a new trial.

He alleged that he was a trackman in the employ of the defendants, the railroad company and the director general, working upon the railroad tracks…