Gray v. Payne

1. The plaintiff’s petition contained two counts, the first under the Federal employer’s liability act, the second under the State law. The injury occurred while the plaintiff, a railroad employee, was engaged with other employees in demolishing an old trestle which was a part of a.n abandoned spur-track. This spur-track was not a part of *554any other track, served no purpose, and performed no function in connection with the operation of the railroad, and was not intended for future úse in its operation. Held-. Not a case within the Federal employer’s liability act. Payne v. Demott, 26 Ga. App.…