Horn

Defendant railway appeals from a judgment for plaintiff in an action for personal injuries brought under the Federal Employers Liability Act ( 45 U.S.C.A. § 51 ) and the Safety Appliance Act ( 45 U.S.C.A. § 2 ).

Plaintiff, who was 21 years of age and had been employed for several years by defendant, was working as a brakeman on a switch engine in defendant’s yard at Blythe. He uncoupled a caboose from the engine, and as the engine pulled away he attempted to adjust the coupler in order that it would be in a condition to receive the next coupling. He stood on the rear footboard of the engine, and when the coupler would not respond to the control of the “cut” lever provided for that purpose he placed his left foot inside the coupler in an attempt to adjust it. The engine made an unexpected stop and the caboose, which unnoticed by plaintiff had been rolling forward, engaged the coupler before plaintiff could remove his foot therefrom. The foot was crushed and it was necessary to amputate it above the ankle.

Under the Federal Employers Liability Act defendant is not liable for any damages, and any assessment thereof is consequently illegal, except for “such injury or death resulting…