Pennsylvania Railroad v. Martin

This action was brought by appellee, an employee of appellant, under the federal Employers’ Liability Act (45 USCA §§51-59), to recover damages for the loss of an eye, caused by alleged negligencé of appellant.

The appellee on October 16, 1926, the time he was injured, as stated in the complaint, was 56 years of age, and of ordinary intelligence. He had been employed by appellant as section hand at Mexico, Miami County, Indiana, for approximately 18 months before he was injured. Among his duties as section hand, was the duty of aiding in removing old ties from under the rails of the railroad…