Dougall v. Spokane, P. & S. Ry. Co.

LEMMON, District Judge.

Appellant sought to recover damages for injuries sustained by him while working on appellee’s railroad right of way. Following a trial of the sole issue of liability the trial judge made findings of fact and conclusions of law adverse to appellant. He appeals from a judgment of dismissal entered thereon.

The question raised on this appeal involves the applicability of the Federal Employers’ Liability Act. 1

We refer to appellee as Spokane, to Morrison-Knudsen Company, Inc., as M-K, and to the Federal Employers’ Liability Act as FELA.

A pre-trial order, approved by…