Southern Ry. Co. v. Bell

SOPER, Circuit Judge.

In an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51, the District Judge, sitting without a jury, rendered a judgment for $2,500 against the Southern Railway Company in favor of the administrator of the estate of Louis Sea-born, a section laborer on the railroad. Seaborn committed suicide while at work by throwing himself in front of a passing train; but the- judge, adopting the plaintiff’s theory of the case, held that the Railway Company was negligent and therefore liable in damages for the death, in that the foreman in charge of the gang, of which…