Lavender v. Kurn

Action under the Federal Employers' Liability Act, 45 U.S.C.A., Secs. 51 et seq., to recover damages for the death of L.E. Haney. Verdict and judgment for $30,000 went for plaintiff and defendants appealed.

Haney was a switch tender in the railroad yards of Memphis, Tennessee, and was killed, while on duty, December 21, 1939, about 7:30 P.M. by being struck in the back of the head by some object. If deceased was an employee of defendants, then it is conceded the cause is properly under the Federal Employers' Liability Act.

Error is assigned (1) on the refusal of a demurrer to the evidence; (2)…