Wiggins v. Missouri-Kansas-Texas Railroad

The opinion of the court was delivered by

Hutchison, J.:

This action is under the federal employers’ liability act to recover from the defendant railroad company for the loss of sight in plaintiff’s right eye, occasioned by the explosion of a *33torpedo in the engineer’s clothes box upon the locomotive on which plaintiff was working as a brakeman on August 5, 1923. Plaintiff recovered a judgment for $17,500, from which defendant appeals, specifying twelve errors.

The-grounds upon which plaintiff bases his right to recover are that defendant had within a month before the injury commenced using…