Norfolk & W. Ry. Co. v. Riggs

ALLEN, Circuit Judge.

These appeals arise out of a judgment entered upon a verdict in favor of the decedent’s administratrix in an action for wrongful death. The' railway company employed the decedent as a brakeman in its freight yards in the city of Portsmouth, Ohio. At the time of the accident the decedent was engaged in an operation in intrastate commerce, being on a switch engine on track 25, parallel to and adjoining track 26, on which two cars loaded with scrap iron were standing. The conductor stepped on the runningboard of the engine between the tender and a gondola car, and was…