MASTER AND SERVANT, § 134 — damages not recoverable under Federal Employers' Liability Act for injuries to conductor. Where conductor, injured during switching operations when caught between side of loaded coal car and oil barrel located on ground near spur track situated on private property, had previously observed barrels and stood in full view of, and not more than 12 feet from them when he boarded car, and train was traveling not more than two or three miles per hour, and conductor was in complete charge of operations, and it did not appear that railroad had any duty to maintain premises or that any member of crew could have prevented injuries by exercise of ordinary care, railroad was not negligent and was not liable to conductor under Federal Employers' Liability Act, and conductor was guilty of contributory negligence as a matter of law barring recovery from property owner.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE TUOHY.
Not to be published in full. Opinion filed December 13, 1948; rehearing denied December 27, 1948; released for publication December 27, 1948.