Saint Louis-San Francisco Rd. Co. v. Pearson

Hart, J.,

(after stating the facts). When the plaintiff’s intestate was killed, he was engaged as locomotive fireman on an interstate passenger train, and.the cause of his death was a derailment which occurred while the train was passing over a switch.

The only allegation of negligence relied upon for a recovery by the plaintiff is that the defendant negligently permitted the east switch point at the place where the accident occurred to become defective, thereby causing the engine and cars of the train to be derailed.- The suit was brought under the Federal Employers’ Liability Act, and the…