Smith v. Philadelphia & Reading Ry.

Per Curiam,

Plaintiff sued under the Federal Employers’ Liability Acts to recover for personal injuries. Defendant filed an affidavit of defense, in the nature of a demurrer, to the effect that plaintiff’s statement of claim showed Ms cause of action to be one “which is not within the Federal Employers’ Liability Acts as interpreted by the Supreme Court of the United States.” On April 13, 1925, the court below entered the following order: “The affidavit of defense raising questions of law is sustained.” The docket entries of the court below show that, on October 14, 1925, plaintiff, treating…