Owen v. Kurn

This is an action under the Federal Employers' Liability Act (35 Stat., pp. 65, 66, 45 U.S.C.A., Ch. 2, p. 92). [1] Luke Owen, one of defendants' section foremen, recovered a judgment for $10,000 against J.M. Kurn and John G. Lonsdale, Trustees of St. Louis-San Francisco Railway Company, a corporation, and defendants appealed. Plaintiff was injured by an extra passenger train. Separate instructions predicated a recovery upon specifications of alleged negligence (1) in failing to give advance notice to plaintiff, in accordance with an established custom, of the running of said extra passenger…