McCoy v. Southern Pacific Co.

Plaintiff, a switchman employed by defendant, brought this action to recover damages for personal injuries sustained when he fell from a box car. Upon a trial by jury, plaintiff had judgment and from said judgment, defendant appeals.

Plaintiff sought to recover under the Federal Employer’s Liability Act (45 U. S. C., sec. 51 et seq.) and the Safety Appliance Act (45 U. S. C., sec. 1 et seq.). He alleged that he and his employer were engaged in interstate commerce at the time of the accident. Defendant denied the material allegations of the complaint, defending primarily upon the ground that…