Hoyt v. Thompson

Plaintiff brought this action under the Federal Employers’ Liability Act, 45 U.S. C.A. § 51, to recover damages for injuries sustained by her husband while an employee of the defendant, which injuries allegedly resulted in his death. On defendant’s motion, the lower court on November 3, 1948 dismissed the complaint for failure to state a cause of action, and the instant appeal is from such order.

As to the manner in which the injuries were sustained, the complaint alleges:

“Two other employees of defendant were attempting to gain possesion of a bar of soap provided by defendant for his…