Atlantic Coast Line Railroad v. Blount

This is an action under the Federal Employers’ Liability Act. The employee, while standing at the floor level on the framework of a caboose under construction and attempting to straighten a bent rivet above the level of his head, slipped and fell through the framework,- injuring his back. The employer appeals from an adverse verdict and judgment, the trial court having overruled its motion for new trial. Held:

1. The first four enumerated errors are directed to the remarks of counsel for the employee in his opening statement and argument to the jury that assumption of risk was no defense to…