Supreme Court of Virginia April 23, 1973, Record 8101 (Norfolk Southern Railway Company v. Rayburn)

Harman, J.,

delivered the opinion of the court.

William D. Rayburn (Rayburn or plaintiff) brought this action under the Federal Employers’ Liability Act (the Act), 45 U.S.C.A. § 51

et seq.,

against his employer, Norfolk Southern Railway Company (Norfolk Southern or defendant), alleging that he was injured in the course of his employment as a result oí defendant’s negligence.