Atlantic Coast Line Railroad Co. v. McIntosh

(dissenting). — This action was’brought by the-plaintiff, Menardie L. McIntosh, against the Atlantic Coast Line Railroad Company, to recover damages for personal injuries resulting from the alleged negligent operation of a railroad train belonging to the latter, operated by its servants, and engaged in interstate commerce, the plaintiff being them employed by defendant in such commerce. It is admitted that the provisions of the Federal Employer’s Liability Act govern (45 USCA, Sec. 51-59; U. S. Comp. St., Secs. 8657-8665).

The pleas were the general issue and assumption of risk. The argument…