Johnson v. Southern Railway Co.

Action for damages for conscious pain and suffering and for death of Samuel B. Johnson, plaintiff’s husband, brought under the Federal Employers’ Liability Act. (45 U. S. C. A., Secs. 51-60.) Plaintiff had judgment for $30,00*0.00 and defendant appealed.

The main question is: Did plaintiff make a jury case? There is no dispute as to the interstate character of the work. The negligence charged and submitted was that while Johnson and Hopson (a fellow employee) were riding on the front end of defendant’s engine, Hopson moved the cutting lever (used to open the front coupler) so as to strike…