Glarizio v. Davis

Blackledge, District Judge.

This is an action to recover for personal injuries sustained by plaintiff, defendant’s employee, in the Missouri Pacific yards at Omaha, July 15, 1919. Defendant was engaged and plaintiff employed in interstate commerce, and the case is governed by the provisions of the federal employers’ liability act.

The petition states a cause of action which would authorize a recovery under the rule of the last clear chance; it being alleged that, while the plaintiff was engaged in his work in a place of danger, the defendant’s employees, who were conducting the movements of the…