Kern v. Payne

MR. COMMISSIONER FORD

prepared the opinion for the court.

This action is brought by the administratrix of the estate of Henry L. Kern, deceased, to recover for his death, which occurred at Roundup, Montana, in January, 1920, basing her action upon the federal Employers’ Liability Act of April 22,1908, 35 Stats. at Large, 65, Chapter 149 (8 Fed. Stats. Ann., p. 1208, etc.; U. S. Comp. Stats., secs. 8657-8665), and the Safety Appliance Acts of March 2, 1893, 27 Stats. at Large, 531, Chapter 196, March 2, 1903; 32 Stats. at Large, 943, Chapter 976, and April 14, 1910, 36 Stats. at Large, 298,…