Sherry v. Pennsylvania Railroad

While engaged in lining up the tracks in defendant’s railroad yards in the city of Canandaigua, plaintiff fell and was injured. He brings this action under the Federal Employers’ Liability Act, and asks to be compensated for the damages which he received on this occasion. He has been awarded a verdict at the hands of an Ontario county jury. Defendant appeals.

Plaintiff claims that the accident was occasioned by the handle of the jack, which he was using in his work, slipping out of the socket, and causing him to fall backwards, striking his back on the rail. Defendant’s negligence is…