Glass v. Missouri Pacific Railroad

POPE, Justice.

This suit was brought under the Federal Employers’ Liability Act. 45 U.S.C.A. § 51. Plaintiff, B. H. Glass was defendant railroad’s brakeman and he was struck and seriously injured by a stone while keeping watch from the cupola of a caboose on a long freight train. The case was submitted to the jury without objections. The jury found that the defendant negligently failed to provide protection for the safety of its employees riding in the caboose, but also found that the negligence was not a proximate cause, in whole or in part, of plaintiff’s injury, and further found that the…