Leitch v. Chesapeake & Ohio Railway Co.

Miller, Judge:

Plaintiff was a locomotive engineer in the employ of the defendant railway company, and while operating a locomotivé engine attached to defendant’s passenger train, between Hinton and Huntington, West Virginia, he was severely and permanently injured by striking his head against a mail crane erected by the defendant along the side of its right of way. The action was instituted under the Federal Employer’s Liability Act of Congress. From a judgment for plaintiff, defendant obtained the present writ of error.

The act of negligence relied on is that defendant wickedly, carelessly,…