Linville v. Chesapeake & Ohio Railway Co.

Hatcher, Judge:

Plaintiff was employed by defendant as section hand on one of its branch lines. He was injured in the discharge of his duties, and brought this action under the Federal Employers Liability Act to recover damages for his injury. From a verdict and judgment of $4,000.00 in his favor, defendant prosecutes error.

The accident occurred on December 15, 1932, when the ground was frozen. Four section men, including plaintiff, were cleaning brush, etc., off the right of way to facilitate mowing in the spring. The right of way at the place of in jury, sloped upward from 25° to 45°.. On…