Denver and Rio Grande Western Railroad Co. v. Lloyd

Opinion by

Mr. Justice Moore.

We will refer to plaintiff in error as defendant or the railroad, and to defendant in error by name or as plaintiff.

Two claims were set forth in the complaint' of plaintiff. The first arises under the Federal Employers’ Liability Act (45 U.S.C.A. Section 51). No issues are presented in this court as to the second claim and we make no further reference to it.

Under the first claim plaintiff alleged that on, May 1, 1955, while in the course of his employment as a locomotive engineer for defendant, he was injured as a proximate result of defendant’s negligence in that…