Rush v. Thompson

Frank A. Thompson, Trustee of and for St. Louis-San Francisco Railway Company, a corporation, prosecutes this appeal from a judgment awarding Leonard R. Rush $15,000 damages for personal injuries. Plaintiff predicated defendant's liability upon the ground his injuries were proximately caused by reason of a car used upon defendant's line being equipped with inefficient hand brakes, in violation of Title 45, Chapter I, See. 11, U.S.C.A., the Safety Appliance Act. Defendant contends (1) plaintiff failed to make a submissible case in that plaintiff did not make a case of common law negligence and…