Fearick v. Lehigh Valley Railroad

Kelly, P. J.:

The plaintiff brought this action under the Federal Employers’ Liability Act (35 TJ. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143) to recover damages sustained while in the employ of defendant as a locomotive fireman engaged in interstate commerce. The plaintiff alleges that about one o’clock in the morning of April 6, 1922, at Wilkesbarre, Penn., while on the locomotive he attempted to climb over or stand on “ coal gates ” which held the coal back in the tender, for the purpose of getting a hook bar hanging on a bracket on the side of the tender and used…