Birmingham Southern Railroad Company v. Ball

MERRILL, Justice.

This is an appeal from a judgment for $1500 in a suit brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. A motion for a new trial was overruled.

The single count which went to the jury charged that while appellee “was acting within the line and scope of his employment by defendant, in carrying certain air and/or water hose of defendant, he was caused to be struck on the knee by said air and/or water hose, and was thereby caused to be injured.” It was alleged that plaintiff’s injuries resulted from the negligence of the defendant or by reason of a…