Schaefer v. Lowden

The opinion of the court was delivered by

Allen, J.:

This is an action under the federal employers’ liability act (45 U. S. C. A., §§ 51-59) to recover damages for personal injuries sustained by the plaintiff while in the service of defendants. Plaintiff recovered judgment and defendants appeal.

*521Plaintiff alleged that on April 20, 1936, he was in the employ of defendants as car inspector, and at about 9:30 o’clock, p. m., on that date was assisting in the making up and breaking up of cars at the Cline yard, working on a night shift; that a crew with a foreman at the Cline yard was engaged in…