Vivian v. Atchison, Topeka and Santa Fe Railway Co.

NOBLE, Justice.

This is an action under the Federal Employers’ Liability Act (Title 45 U.S.C.A. § 51 et seq.) for personal injuries sustained by plaintiff while working for the Atchison, Topeka & Santa Fe Railway Company, and claimed to have resulted from the negligence of defendant and by reason of its failure to furnish a safe place to work.

Plaintiff was a member of a section gang unloading rails from a flat car at the time of the injury complained of. A crane on a preceding car lifted the rails and laid them on the roadbed, and plaintiff and another employee used bars to pry the rails into…