Chesnut v. Chicago, Burlington & Quincy Railroad

Abe Chesnut, plaintiff, brought an action against the Chicago, Burlington and Quincy R. R. Co., the defendant, to recover damages for personal injuries claimed to have been sustained by him as a result of a sunstroke while he was employed by the defendant as a sectionhand in repair of the defendant’s railroad tracks.

Plaintiff’s second amended complaint was based upon a liability under the Federal Employer’s Liability Act and as negligence, the first count alleges that it was the duty of the defendant to use reasonable care not to injure him and to protect him from injury; that on August 7,…