Union Pacific Railroad v. Zimmer

In March, 1941, while working as a switch-man in the Union Pacific Railroad yards at Cheyenne, Wyoming, respondent Lawrence Zimmer sustained a fractured left elbow under circumstances concededly giving rise to a cause of action in his favor against his employer, Union Pacific Railroad Company, under the Federal Employers’ Liability Act, (35 Stats. 65 et seq., 45 U.S.C.A. §§51-60). On the second day after the accident, respondent’s arm was operated on by Dr. Fox, a surgeon in the employ of the railroad, and was placed in a cast. About May 6, Dr. Fox removed the cast, and told respondent, “Your…