Chesapeake & O. Ry. Co. v. Mears

PARKER, Circuit Judge.

This is an appeal from a judgment in favor of the administratrix of a deceased railway employee, in an action instituted under the Federal Employers’ Liability Act (45 USCA §§ 51-59). The action was based on alleged negligence of the defendant in placing a car on a siding in a position dangerously near a lead or “ladder” track, the contention of plaintiff being that her intestate was knocked from a car passing on the “ladder” track and killed as a result of this negligent placing of the car. Three questions are raised by the assignments of error: (1) Whether the trial…