Jesionowski v. Boston & Maine Railroad

Petitioner brought this action for damages in the Federal District Court under the Federal Employers’ Liability Act, 35 Stat. 65, 53 Stat. 1404, 45 U. S. C. § 51 et seq., for causing the death of her intestate. Count I alleged that “By reason of a defect or insufficiency, due to the negligence of the defendant, in its car, track, or roadbed, the car upon which the plaintiff’s decedent was riding was derailed . . .,” causing the decedent to be thrown from the car and killed. Count II, without specifying any particular acts of negligence, charged generally that the derailment and decedent’s…