Irvin v. . R. R.

This is an action under the Federal Employer's Liability Act, to recover damages for the alleged wrongful death of plaintiff's intestate and son, Leonard C. Ervin, caused by being caught between an engine and a freight caboose in the course of a switching movement by using a push pole on the yards at Rural Hall, North Carolina.

The engineer, W. D. Thomas, was made a party defendant, and filed an answer, the jury answering the issue directed at his conduct and the allegations of negligence in respect thereto in his favor.

The deceased was a member of the crew, acting in the capacity of flagman,…