Pennsylvania R. v. Brubaker

HICKS, Circuit Judge.

This is a suit for personal injuries, controlled by the Federal Employers’ Liability Act. Act April 22, 1908, c. 149, § 1, 35 Stat. 65; title 45, c. 2, § 51, U. S. C. (45 USCA § 51). Plaintiff in error challenges the denial of its motion to direct a verdict. This is the only matter presented here.

Defendant in error, herein called plaintiff, was one of a crew of freight handlers, engaged in transferring a large and heavy crated electric motor from a freight car to the platform of a freight station. To accomplish this, plaintiff and his fellows had balanced the crate upon…