Hepner v. Southern Railway Co.

Beasley, Judge.

Plaintiff Hepner appeals from the grant of defendant Southern Railway Company’s motion for summary judgment. Hepner brought his complaint under the terms of the FELA (Federal Employers’ Liability Act), 45 USCA § 51, alleging he was an employee of Southern; that while in the performance of his duties, loading frog plates on the bed of a truck, he suffered severe and debilitating pain in his back. His injuries were alleged to have resulted from Southern’s negligence caused by Southern’s employees, or by reason of defect or in Southern’s failing to provide Hepner with reasonably…