Griffin v. Baltimore & Ohio Railroad

Hatcher, Judge:

This is an action brought by the plaintiff under the Federal Employers’ Liability Act, for permanent injury to an eye.

Tbe plaintiff was employed as a laborer in a section gang of tbe defendant. At tbe noon hour, and while not engaged in any work for tbe defendant, be was struck in tbe eye by a rock thrown by one of bis fellow employes. A freight train was passing at tbe time. Tbe plaintiff was on one side of tbe train, and the foreman, with other members of tbe section crew, was on the other side. Several stones were thrown by tbe foreman and by one or two of tbe other laborers…