Babcock v. Rutland Railroad

Cochrane, P. J.:

This action is under the Federal Employers’ Liability Act,* the plaintiff having been injured while in the service of the defendant and engaged in interstate commerce work. He was one of a bridge crew which had been repairing a bridge and was returning from the work on a gasoline motor car. Ten men were on the car including the foreman who was operating it. It suddenly jumped the track and plaintiff was injured. About four months before the accident the front axle of the car was bent in a derailment which occurred. Plaintiff was aware of this fact, having been present at the…