Director General of Railroads v. Chapman's Administratrix

*365OPINION op the Ooubt by

Judge Clarke

Reversing.

This action was instituted under the Federal Employers’ Liability Act by the administratrix of John Chapman against the Chesapeake and Ohio Railway Company and the Director General of Railroads, to recover damages for the alleged negligent death of the decedent on July 16, 1918.

Although alleging that the railroad was at the time under the control and being 'operated by the Director General pursuant to the provision's cf the Federal Control Act, plaintiff averred that the decedent was at the time of his death in the employ of the defendant railroad…