Labonte v. New York, New Haven & Hartford Railroad

The plaintiff, the foreman of a section gang engaged in replacing old railroad ties on the defendant’s single line of track running between Worcester in this Commonwealth and Norwich in the State of Connecticut, was injured on a pleasant July morning in 1948, when, he al*421leges, he stepped into a depression in the roadbed. He brought this action of tort under the Federal employers’ liability act, U. S. C. (1946 ed.) Title 45, § 51 et seq., to recover damages. The case is here on his exception to the direction of a verdict for the defendant.

The plaintiff at the time of the accident had been…