Delaware, L. & W. R. Co. v. Scales

(after stating the facts as above). A point arises, not argued at bar, but raised by the motion to dismiss, and which, being of jurisdiction, this court is bound to consider sua sponte. It is whether this action can be sustained under ■the federal Employers’ Liability Act?

An examination of the complaint shows that, whatever may be the fate of another and different action, this one must rest on the statute; it claims no other support. And an examination of the statute and its history most conclusively shows that it covers and can cover only persons who at the time of alleged action arising…