Smith v. Hines

*152The opinion of the court was delivered by.

Porter, J.:

H. H. Smith, while employed with a bridge gang on defendant’s railway, was seriously injured, and brought this action under the Federal employers’ liability act, both parties being engaged in interstate commerce at the time of the injury. The defense was that plaintiff had assumed the risk. The plaintiff prevailed and the defendant appeals.

Smith was a man of ordinary intelligence, 41 years of age, and a farmer; but he had some experience working as a carpenter with saw and hammer and had been employed with the bridge gang five or six weeks…