New York, Chicago & St. Louis Railroad v. Connaughton

— Appellee, an employee of appellant, brought this action for damages for personal injuries alleged to have been received while employed as a brakeman in interstate commerce. The action is based upon and governed by the Federal Employers’ Liability Act (45 U. S. C. A. §§51 to 59, inclusive). The complaint upon which the case was tried is in two paragraphs.

Error is assigned upon the overruling of appellant’s demurrer to the complaint and its motion for a new trial.

It is alleged in the first paragraph that it was the defendant’s duty to provide a safe and suitable place of employment on the…