Gillis v. New York, New Haven & Hartford Railroad

Action under the Employers’ Liability statute, 35 Stat. 65. Plaintiff in error’s intestate, on November 3, 1912, while in! the railroad company’s service in interstate commerce, was killed, through the negligence, in whole or in part, it is charged, of one of the company’s officers, agents or employees.

The defenses of the company were denialof the declaration and averments that the intestate’s injuries and death were due to and caused by his own negligence and besides “were the result of acts, conditions and circumstances the happening of which was assumed” by him.

The case was tried to a…