Atlantic Coast Line R. Co. v. Hardwick

THOMAS, Justice.

The action was under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-59, for the death of plaintiff’s husband and intestate.

The complaint was in two counts, ascribing the defects as “(1) said engine or locomotive was defective,” and (2) “said ventilator door lever was defective.”

There were no demurrers to the complaint. Defendant pleaded the general issue and each and every material allegation thereof (the two counts of complaint), and avers that the “same are untrue.”

There were no special pleas of contributory negligence or assumption of risk.

The trial court refused…