Thompson v. Brown

TIREY, Justice.

Herman E. Brown, a brakeman, brought this suit for damages as a result of personal injuries sustained by him by reason of a derailment of the freight train on- which he was riding while engaged as head brakeman. The jury’s verdict was favorable to plaintiff and awarded him $25,000.00 damages. The judgment followed the verdict and defendant has perfected its appeal.

The cause of action is grounded on three counts: (1) a plea of res ipsa loquitur; (2) a violation of the Federal Safety Appliance Act, or Boiler Inspection Law, 45 U.S.C.A. § 23; and (3) negligence on the defendant in…