Louisville & Nashville Railroad v. Winkler

OpinioN op the Oouet by

Judge Nunn

Affirming.

In this action the appellee recovered $2,500 damages for personal injuries he received in an accident on a freight train upon which he was serving appellant in the capacity of conductor. The accident happened on the night of January 3rd, 1913, at what is called Crooked Hill, on the Knoxville branch of appellant’s road, near East Burnstadt, in Laurel County. The action was brought under the Federal Employers ’ Liability Act.

Appellant defended on the ground that Winkler’s injury was due solely to his own negligence. In another paragraph it plead that…