Kusturin v. Chicago & Alton Railroad

On November 3, 1915, appellee, while working as a laborer for appellant and assisting in loading old steel rails upon a flat car, was injured, and brought this suit against appellant to recover damages therefor, and filed a declaration of two counts, in both of which he averred' that both himself and the railway-company were engaged in interstate commerce at the time of the accident, and that they were each governed by the Federal Employers’ Liability Act; and in the first count he charged his injury to the negligence of other servants and employees of appellant, and in the second count he…