Green's Administrator v. C. & O. Railway Co.

Opinion op the Court by

Judge Sampson

Reversing.

Charles Green was engaged as one of a switching ■crew in the Russell yards of the C. & 0. Railway Com*140pany when he was eauglit between the end of the moving tender on which he was working and the end of a standing a box car on a switch which box car barely cleared the tender, and crushed so that he immediately thereafter died. His administrator brought this action under the Federal employers’ liability act in the Greenup circuit court to recover damages for his death. It is admitted by both the company and the administrator of Green that Green…