Louisville & Nashville Railroad v. Davis

Opinion op the Court by

Judge Clay

Reversing.

This is an appeal from a judgment for $3,000.00 for personal injuries.

It is conceded that the case is controlled by the Federal Employers’ Liability Act.

The facts are these: For some time appellant had been engaged in relining a tunnel with concrete, and appellee had been working with the tunnel crew as a scaffold carpenter. On the morning of the accident his foreman as- ’ signed him the task of running the motor attached to a scaffold car, which carried the fresh concrete from the mixer into the tunnel. He had had no previous experience in operating…