Louisville and Nashville Railroad Co. v. Cooke

SIMPSON, Justice.

Plaintiff filed suit in this case claiming damages under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for injuries sustained while in the performance of his duties as a flagman and in the employment of defendant. The case was tried on Counts 1 and 2 of the amended complaint.

In Count 1 it is alleged that appellee’s injuries were the “proximate result, in whole or in part, of the negligence of the officers, agents, or employees of the defendant, while acting within the line and scope of their employment by the defendant, or by reason of a defect or…