Webb v. Chesapeake & Ohio Railway Co.

Woods, Judge:

This action is brought under the Federal Employers’ Liability Act by Kelly Webb for an injury sustained by him while in the employ of the defendant railway company by reason of the alleged negligence of a fellow employee. Judgment for the plaintiff for $10,000.00, and defendant brings error.

On the morning of September 1, 1925, while the section crew was engaged in track repair and maintenance work near Dorothy, Raleigh county, the foreman called plaintiff, a member of said crew, from the place where he and Massey were tamping ties, and conducted him a short distance east to the…