PORT TERMINAL RAILROAD ASS'N v. Sweet

OPINION

CHASE, Justice.

Appellee, Oleta Sweet, brought this suit under the Federal Employer’s Liability Act, (FELA) 45 U.S.C.A. § 51 et seq. (1908) for the wrongful death of her husband, Theodore Sweet, an employee of Appellant.

Sweet was riding on the lead car of a 14 car train being pushed along the track when the train made a lurch, alleged to be due to slack action, and Sweet was thrown forward onto the ground in front of the train and between the rails. Though a fellow employee shouted to him to remain between the rails and lie flat, he nevertheless sought to remove himself from the track…