Birmingham v. Bangor & Aroostook R. R.

Action under the Federal Employer’s Liability Law. The plaintiff is the father and the administrator of the estate of George L. Birmingham, deceased. The latter, while employed by the defendant as brakeman, was on March 15,1927, in the defendant’s yard at Oakfield, Maine, accidently and suddenly killed. No witness saw the occurrence. It is evident, however, that young Birmingham in using the ladder on the side of a moving refrigerator car, while attempting to reach the top of the car, lost his hold, fell and was crushed and killed.

The plaintiff’s theory, which was apparently accepted by the…