Chesapeake & O. Ry. Co. v. Lilly

Opinion of the Court by

Judge Cammack

Reversing.

Mont Lilly received an injury to Ms right hand while he was assisting fellow workmen in loading rails in one of the appellant’s cars. In this action, which is governed by common-law principles, because the petition contains no allegation which would make applicable the provisions of the Federal Employers’ Liability Act, 45 U. S. C. A. sec. 51 et seq., or KRS 277.310 and KRS 277.320, he was awarded damages in the amount of $1,250. Reversal is urged upon the grounds that a peremptory instruction should have been given in favor of the Company and the…