John R. Carney v. Pittsburgh & Lake Erie Railroad Company, a Corporation

McLAUGHLIN, Circuit Judge.

In this Federal Employers’ Liability action, appellee was injured while asleep and off-duty, as a consequence of his fall from a negligently maintained bed in the ‘Pittsburgh & Lake Erie Railroad Young Men’s Christian Association in Campbell, Ohio.

Plaintiff, a communications lineman,, was assigned with his gang to work on a project at defendant’s yard near Youngstown, Ohio. Since he lived and had his headquarters in Pittsburgh, defendant had the option under its contract of transferring plaintiff to Youngstown and requiring him to pay his own expenses there or it…