Wash., B. A. El. R. Co. v. Cook

This is an action brought under the Federal Employers' Liability Act of 1908, ch. 149 (35 Stat. at L. 65), by the administrator of Benjamin F. Dyson against the appellant. On May 5th, 1921, Dyson sustained injuries while operating as motorman on a work train on the "Short Line Division" of the appellant's road, of which he died the next day. The important question for our determination, indeed the only one it is necessary to discuss at length, is whether Clarence Johnson, the conductor on the train, was guilty of such negligence as made the appellant liable, notwithstanding it is shown that…