49 S.E.2d 833 | Ga. Ct. App. | 1948
In an action brought under the Federal Employers' Liability Act (
The defendant filed a general demurrer to the petition. The case is here on exceptions to the order sustaining the general demurrer and dismissing the petition.
This is an action in which recovery is sought for injuries sustained by an employee of a railroad company engaged in interstate commerce while such employee was engaged in the performance of his duties, and is controlled by the provisions of the Federal Employers' Liability Act,
Careful consideration has been given to the briefs of counsel for *784 the plaintiff in error, and the authorities there cited do not authorize or require a different ruling from the one herein made. The cases dealing with the abolition of the doctrine of assumption of risk in actions arising under the Federal Employers' Liability Act, and the effect of contributory negligence under the act, are necessarily predicated upon a showing of negligence on the part of the employer, and are inapplicable to the case at bar.
Judgment affirmed. Felton and Parker, JJ., concur.