Powers v. Michigan Central Railroad

Mr. Presiding Justice McSurely

delivered the opinion of the court.

On the night of September 3, 1930, plaintiff, a switchman for defendant, was caught and crushed between the freight car on which he was riding and another car standing on a parallel track. He brought suit under the Federal Employers ’ Liability Act, Cahill’s St. ch. 114, ¶ 321 et seq., charging that defendant was using a car of unusual width on the parallel track, which caused the accident; also, that this latter car was defective and leaning from the perpendicular, and that the parallel tracks were unusually close together.…