Lehigh Valley R. Co. v. Passinier

WOOLLEY, Circuit Judge.

The plaintiff brought this suit under the Federal Employers’ Liability Act (Comp. St. §§ 8657-8665) to recover damages for personal injuries sustained while in the defendant’s employ as a brakeman in its railroad yard at South Plainfield, New Jersey. He had a verdict and to the judgment entered thereon the defendant sued out this writ of error.

Briefly stated; the facts are these: In the morning of May 1, 1923, while it was still dark, the plaintiff was riding with another brakeman on an engine that was backing into a siding which adjoined a platform used for loading and…