The Kansas City Southern Railway Company v. Carlton E. Justis

RIVES, Circuit Judge.

This action under the Federal Employers’ Liability Act1 was brought by the appellee, a freight train conductor, as plaintiff, against the appellant railroad, as defendant. Plaintiff and brakeman Young were in the caboose at the rear of the train when it was brought to a stop for a scheduled inspection at Shoreline, Louisiana. According to their testimony, the train stopped with an unusual jerk or jolt, so extraordinary that the left side of plaintiff’s neck hit against an iron safety pole a few inches away and he then hit the floor, and Young was propelled down the aisle…