Wilkinson v. Powell

LEE, Circuit Judge.

Appellant brought this suit under the Federal Employers’ Liability Act, 45 U. S.C.A. §§ 51-60. He averred that on December 15, 1941, appellees were operating a train in interstate commerce in the State of South Carolina; that he was employed by appellees to operate the said train and was negligently put to work on or about said train where the roadbed and right-of-way, due to negligence of defendants, was unsafe; and that while so working he suffered injuries and burns on and about his feet, legs, thighs, and body. He prayed for judgment in the sum of $10,000 and costs.

Appel…