McCrowell v. . R. R.

This action is brought under the Federal Employer's Liability Act to recover damages for a personal injury which the plaintiff alleges he sustained through the negligence of the defendant while he was employed as a yard clerk and engaged in the duty of checking freight cars in defendant's yard in Winston-Salem. That the plaintiff was an employee, engaged in interstate commerce, is admitted.

Summarizing from the evidence the facts bearing upon the appeal, the following are pertinent:

There are two freight yards with which the evidence is concerned — the lower yard, some distance to the west, and…