Seaboard Air-Line Railway Co. v. D'Avignon

Carl Hammond D’Avignon brought action for damages against the Seaboard Air-Line Kailway Company to the March, 1927, term of the city court of Americus. The original petition did not allege generally, or set out facts to show, that he was proceeding under the Federal employer’s liability act; but on December, 3, 1927, an amendment was allowed alleging that the defendant’s train in question was engaged in interstate commerce at the time the plaintiff was injured, and that the defendant had violated the safety-appliance act of Congress. The jury rendered a verdict for the plaintiff in the sum of…