Powell v. Louisiana & Arkansas Ry. Co.

DREW, Judge.

The lower court in a well written opinion rejected the demands of plaintiff in this case, holding that plaintiff was not injured in the alleged accident; that there was n'o accident as alleged, and therefore no injury by accident, and, if plaintiff had been injured in the accident as alleged, he could not recover for the reason that the alleged accident was one of the ordinary risk of his employment and not an extraordinary risk; and under the defense of assumption of risk under the Federal Employers’ Liability Act (45 USCA §§ 51-59), his action was barred.

The opinion of the lower…