Barry v. Boston & Maine Railroad

The action was brought to recover for damages as provided in the Federal Employers’ Liability Act. Plaintiff was employed by defendant in its yard at East Deerfield, Mass. It was his duty to keep the fires on unassigned engines. When he first saw the engine which caused his injury, there were no chains on *564the wheels, which indicated that it was ready to go out. He got aboard to perforin his usual work, but finding the fireman raking the fires, he sat down upon the engineer’s seat across the boiler from him. At that time the engineer was not in sight. Later he came into view, and directed…