Palmer v. Midland Valley Railroad

The opinion of the court was delivered by

Hopkins, J.:

The action, based upon the federal employers’ liability act, was one to recover damages for personal injuries sustained by the plaintiff on account of the derailment of a hand car. The plaintiff recovered, and defendant appeals.

The plaintiff was a section foreman for the defendant, having charge of seven miles of the defendant’s railroad near the town of Hardy, Okla. In the pursuance of his work he used a motor car and a push car furnished by the defendant. (Plaintiff owned the motor.) Both cars had been out of repair for some time prior to…