St. Louis-S. F. Ry., J. M. Kurn, Trus. v. Childers

Appellee filed a complaint alleging two separate causes of action, under the Federal Employers’ Liability Act, against the trustees in 'bankruptcy of the appellant railway company.

The first count in- the complaint alleges an injury suffered in September, 1936. Appellee was then a section hand, with thirty years’ experience in that service, and he testified that he was more familiar with that work than was Hess, his foreman. The section crew of which appellee was a member consisted of himself, his foreman, and two other section men — Bryan and Perryman.

This crew, while riding on a motor or…