Merrick v. Missouri-Kansas-Texas Railroad

The opinion of the court was delivered by

Dawson, J.:

This was an action for damages under the federal employers liability act.

Plaintiff was a section laborer on defendant’s railroad at Nelagoney, Okla. He and the section foreman, C. T. Carson, who also served defendant as plaintiff’s fellow workman, were engaged in lifting a motor car from the railway track, when, according to plaintiff’s testimony, the foreman suddenly dropped his share of the load. This resulted in a severe wrenching of plaintiff’s back *592and strained the muscles of his abdomen so as to cause a ventral hernia.

These facts were…