Headrick v. Kansas City Southern Railway Co.

BOHLING, Commissioner.

The Kansas City Southern Railway Company, a corporation (defendant), appeals from a judgment for $12,300 in favor of John D. Pleadrick (plaintiff) for an injury to his right eye. The case is under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.). Defendant contends plaintiff failed to make a submissible case, and plaintiff’s main instruction was erroneous.

Plaintiff was an extra man on one of defendant’s section crews. At the time of his injury, July 16, 1953, the section crew was aligning defendant’s single main line track. Defendant furnished the men with…