Keathley v. Chesapeake & Ohio Railway Co.

Miller, President:

Defendant complains of the judgment against it in favor of plaintiff for twenty-five thousand dollars, for personal injuries sustained by him, while employed as a brakeman, predicated on the Federal Employers’ Liability Act.

The first point of attack is that the declaration, in one count, challenged by demurrer, overruled, is insufficient to support the judgment, in that it does not sufficiently aver that plaintiff, at the time of sustaining his injuries, was engaged in interstate commerce. It is averred that defendant was at that time owner and operator of a railroad…