Lavender v. Kurn

Action under the Federal Employers' Liability Act, 45 U.S.C.A., Secs. 51 et seq., to recover damages for the death of L.E. Haney. Verdict and judgment for $30,000 went for plaintiff and defendants appealed. Haney was a switch tender in the railroad yards of Memphis, Tennessee, and was killed, while on duty, December 21, 1939, about 7:30 P.M. by being struck in the back of the head by some object.

June 4, 1945, we handed down an opinion in this cause reversing outright the judgment on the ground that plaintiff failed to make a submissible case against either defendant. See Lavender v. Kurn et…