Kakos v. Byram

This is an appeal from a judgment of nonsuit, in an action brought under the Federal Employers’ Liability Act (45 U. S. C. A., secs. 51-59) to recover damages alleged to have been sustained by plaintiff, during the course of his employment by defendants, by reason of the negligent act of a fellow-servant.

The complaint, in describing the occurrence which resulted in plaintiff’s injury, alleges in substance that plaintiff and a fellow-servant were unloading ties from a gondola car, and while plaintiff was in a deep depression in the middle of the car and was in the act of stooping over to pick…