Gulf, Colorado & Santa Fe Railway Company v. Deen

GRISSOM, Chief Justice.

On July 12, 1949, Earl R. Deen had his leg broken by babbitt falling from a melting pot and he sued his employer, the Gulf, Colorado & Santa Fe Railway Company, for damages under the Federal Employers’ Liability Act. See 45 U.S.C.A. § 53. Deen had then been employed by said company as a coppersmith in its roundhouse in Brownwood for eleven years. The company kept there a babbitt melting pot which had cracked and was no longer usable. The railway company had ordered a new pot. On the morning of July 12th, Deen’s foreman advised him there was an engine in the roundhouse…