JOHNSON v. LOUISVILLE AND NASHVILLE RAILROAD CO.


394 S.W.2d 110 (1965)

Emerson JOHNSON, Appellant, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 22, 1965.


Attorney(s) appearing for the Case

Thomas B. Givhan, Shepherdsville, Robert L. Milby, Hamm, Taylor & Milby, London, for appellant.

Edwin R. Denney, Charles Landrum, Jr., Denney & Landrum, Lexington, Herman M. Tye, Barbourville, James M. Terry, Eugene W. Herde, Louisville, for appellee.


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...

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