Johnson v. Louisville & Nashville Railroad

CLAY, Commissioner.

This suit was brought by plaintiff appellant against defendant appellee railroad under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.) and/or KRS 277.310. A verdict was directed for defendant on the ground that plaintiff was not an “employee”.

Whether the federal or state statute applies is unimportant because they are substantially the same with respect to the basis of liability. In substance they provide that a railroad common carrier shall be liable *111in damages for negligence to any person suffering injury “while he is employed by such carrier”.

The accident…