Fogg v. Oregon Short Line R. Co.

The appellant railroad is engaged in interstate commerce, and respondent worked for it in repairing a bridge. The provisions of the Federal Employers’ Liability Act (45 US CA §§ 51-59) are applicable to the case.

It is alleged that the respondent and his fellow laborers were engaged in removing stringers from the Washoe Slough Bridge under the orders and directions of a foreman. The stringers were timbers approximately 30 feet long, 17 inches wide, and 8 inches thick. In order to remove them from the bridge it was necessary that all members of the gang work in concert. To accomplish this…