Louisville & Nashville Railroad v. Hicks

S. C. Hicks, a former employee of the Louisville and Nashville Eailroad Company, brought suit against the company for damages for personal injuries in the sum of $50,000 and recovered, a verdict and judgment for $9000. The action was brought under the Federal employers’ liability act. The defense of the railroad company was that “from the ordinary hazard of his employment, which he fully understood and voluntarily assumed,” the defendant assumed the risk, and that the injury complained of arose out of an ordinary hazard of his employment.

The evidence for the plaintiff showed that he had been…