Louisville & N. R. Co. v. Green

LIVINGSTON, Chief Justice.

This is an action under the Federal Employers’ Liability Act to recover damages for personal injuries. 45 U.S.C.A. § 51, et seq.

The case is of course governed by the Federal decisions, and, as construed by these decisions, the Federal Employers’ Liability Act does not make the employer the insurer of the safety of its employees while on duty. The basis of liability is the negligence of the employer, not the fact that injuries occur. Negligence must be “in whole or in part” the cause of the injury. Atlanta, B. & C. R. Co. v. Cary, 250 Ala. 675, 35 So.2d 559, 560;…