Osborne's Administrator v. Cincinnati, New Orleans & Texas Pacific Railway Co.

Opinion op the Court by

Judge Carroll

Affirming.

F. H. Osborne was a brakeman in the employ of the appellee company on a local freight training running between Oakdale, Tennessee, and Somerset, Kentucky, and was killed by falling from the train. The train on which he was a brakeman was engaged in interstate commerce, and he was employed by it in such commerce.at the time of his death on January 17, 1912. In this action by the administrator to recover damages for the death of Osborne, this suit was brought under the Federal Statute known as the Employers’ Liability Act, against the Eailway…