New Orleans N.E.R. Co. v. Benson

This is a suit brought under the Federal Eknployers’ Liability Act, 45' U. S. C. A., secs. 51-59, for damages sustained by the appellee on account of a personal injury sustained by him, when he lost his leg, while employed as a switchman in the railroad yards of the appellant at Meridian, Mississippi. The right of recovery is based on the alleged negligence of the engine foreman of the switching crew who caused a box car to be “kicked” onto the- wrong switch track of the yards at a time when the said foreman is alleged to have known, or by the exercise of reasonable care should have known,…