Nashville, C., & St. L. Ry. Co. v. Cleaver

Opinion of the Court by

Stanley, Commissioner

Reversing.

The appellee, Hoyt Cleaver, brought this suit for damages against the appellant, the Nashville, Chattanooga, & St. Louis Railway, under the Federal Employers’ Liability Act, 45 U. S. C. A. section 51 et seq., upon its alleged negligence in failing to furnish a sufficient number of men to do the wort in which he was engaged. The affirmative defense was assumption of risk. The appellant seeks to reverse a judgment for $1,500 rendered against it.

Cleaver was an experienced railroad bridge workman and at the time of the accident his crew was…