Davis v. Dowling

KNAPPEN, Circuit Judge.

Defendant in error (plaintiff below) while foreman of a switching crew in the Southern Railwav yards at Knoxville, Tenn., was thrown from a car which he was riding in the course of a switching movement, through a defect in the brakes upon *671that car. He recovered under the Federal Employers’ Liability Act (Comp. St. §§ 8657-8665), against defenses: First, that he was not engaged in interstate commerce at the time of his injury; and, second, that his negligence in failing to inspect the brakes was the sole cause of the injury. A motion to direct verdict was overruled and…