Jester v. Southern Railway Company

delivered the unanimous Opinion of the Court:

This action was brought under the Federal Employers’ Liability Act, as amended, 45 U. S. C. A., § 51 et seq., for the benefit of the widow and two minor children of the de ceased. The cause of action was based upon the alleged negligence of the appellant, its officers, agents or employees.

Respondent’s intestate was employed by the appellant as a fireman, and on July 28, 1942, was engaged in that capacity on a freight train of the appellant, with one, C. H. Black, as engineer in charge of the engine. While on this trip, an argument arose between the…