St. Louis-San Francisco Railway Co. v. Nessmith

BLACKBIRD, Justice.

This appeal involves an action instituted by defendant in error, hereinafter referred to as “plaintiff”, under the Federal Employers’ Liability Act (FELA), 45 U.S.C.A. § 51 et seq., from plaintiff in error, hereinafter referred to as “defendant”, on account of personal injuries he allegedly suffered while employed by said defendant as a welder’s helper, on September 27, 1962.

When allegedly injured, plaintiff and his foreman, Mr. W. C. Dye, employed by defendant as a “frog”, or switch, repairman, were removing the angle bars joining sections of defendant’s railroad track,…