Southern Ry. Co. v. Melton

FOSTER, Justice.

This is an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for the death of W. C. Melton. It was tried on count No. 1.

The first question here presented relates to the sufficiency of that count tested by demurrer on the ground that it does not sufficiently show that decedent was engaged in service for defendant in interstate commerce. The insistence is that it. shows that he was then so employed, but not then so engaged in such nature of employment..As amended, the count contains the following allegations in that connection: “Said Melton was an…