Duncan v. Thompson

April 10, 1936, petitioner Duncan, while performing duties as respondent’s employee, fell from a locomotive and was injured. Since at the time he was working for a “common carrier by railroad” and in interstate commerce, the right to recover damages is governed by the Federal Employers’ Liability Act. 35 Stat. 65. Sixteen months later, August 13, 1937, Duncan was still suffering from his injuries, his wife was in the hospital, and he needed money. On that day, upon Duncan’s signing an instrument presented to him by the company’s claim agent, he was paid $600 “for living and other expenses…