Barbee v. Davis

The first assignment of error by defendant is as follows :

“The action of his Honor in overruling the defendant’s motion for leave to file an amendment to the original answer filed in the action, to *82tbe end that tbe said' defendants might plead tbe Federal Employers’ Liability Act and allege additional facts with reference to tbe plaintiff’s injury, to wit, that tbe plaintiff was, at tbe titne of said injury, employed in, and tbe defendants were, at tbe time of said injury, , engaged in interstate commerce.”

This suit was commenced by tbe issuance of summons on 10 December, 1921, which was…