Messina v. Trustees of the New York, New Haven & Hartford Railroad

The plaintiff has a finding in his favor under the Federal employers’ liability act. The accident occurred on May 10, 1938, and the case is governed by U. S. C. (1934 ed.) Title 45, §§ 51-59, before the amendment of § 54 by the act of August 11, 1939, 53 U. S. Sts. at Large, 1404. The questions now at issue are whether the evidence would warrant a finding that the defendants’ negligence caused the injury to the plaintiff and whether the plaintiff assumed the risk.

The plaintiff was one of a gang of men employed in digging out old ties and putting in new ones in a classification yard of the…