Louisville & Nashville Railroad v. Davis' Administratrix

Opinion of the Court by

Judge Clay. —

Reversing.

This is an appeal from a $20,000 judgment in favor of appellee.

It is conceded that at the time of the accident the railroad company was engaged, and Davis was employed, in interstate commerce, and that the Federal Employers’ Liability Act (45 USCA secs. 51-59) is controlling.

The facts are these: Davis was head brakeman on a freight 'train running from Lexington to Maysville.. Pursuant to instructions, the train stopped at Flemingsburg Junction to pick up a car of ties to be unloaded by the section men between that point and Marshall. When placed…