Mills v. Pennsylvania New York Central Transportation Co.

This case must be decided in light of the United States Supreme Court cases interpreting the Federal Employer’s Liability Act. Those cases most heavily relied upon by appellant may be summarized as follows: ,,

In Rogers v. Missouri Pacific Rd. Co., 352 U. S. 500, the petitioner was working burning weeds that had grown up beside the railroad tracks. When a train came by, petitioner moved to a position near a culvert to look for hotboxes, as he had been instructed to do by his foreman. The passing train fanned flames from the burning weeds so that they enveloped petitioner, causing him to…