Clinchfield Railroad Company v. United States Fidelity & Guaranty Company

Appellant, in a former action, was sued by one of its employees under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for damages which he claimed to have suffered as the result of being injured in a collision between an automobile and a railroad train at appellant’s premises. The employee claimed that, at the time of the accident, he was engaged in appellant’s employment. Upon the trial, the jury was instructed by the court on the question whether the employee was injured during his employment. The trial judge charged the jury that the first question which it was to determine…