Tyner v. Atlantic Coast Line Railroad

The opinion of the Court was delivered by

Mr. Justice Stabler.

On January 6, 1923, George A. Marshall, employed as a switchman by the defendant railroad company, was killed *97while in such employment. He left surviving him a widow and three small children, for whose benefit this action was brought under the Federal Employers’ Liability Act (45 USCA, §§ 51-59) by the plaintiff as administrator of Marshall’s estate. It was agreed at the trial of the case that at the time Marshall met his death both he and the railroad company were engaged in interstate commerce.

The plaintiff, upon information and…