Louisville N. R. Co. v. Noble's Adm'x

Opinion of the Court by

Stanley, Commissioner

—Reversing.

On November .17, 1927, Farish Noble, a young brakeman employed by the appellant, was lulled in a collision. His administratrix recovered a judgment against the company for $10,000 which, on appeal, was reversed because the suit had been practiced under section 6 of the Kentucky Statutes instead of under the Federal Employers’ Liability Act (45 USCA secs. 51-59), it appearing that the deceased was engaged in interstate commerce. Directions were given to permit a withdrawal by the plaintiff of an election to prosecute the ease under the…