Raftery v. Pittsburgh & West Virginia Ry.

Opinion by

Mr. Justice Kephabt,

Deceased was killed while employed as a brakeman on a common carrier engaged in interstate commerce. His widow recovered in the court below. The substantive rights between the parties, arising from relations as hére indicated, are governed by the federal rules under the Federal Employer’s Liability Act, though the case is tried in the state court: Norfolk Southern R. R. Co. v. Ferebee, 238 U. S. 269; New Orleans & Northeastern R. R. Co. v. Harris, 247 U. S. 367, 371, and cases cited. In such action plaintiff must establish negligence as an affirmative fact,…