Brown v. Western R. Co. of Ala.

Petitioner brought this action in a Georgia state court claiming damages from the respondent railroad under the Federal Employers’ Liability Act. 45 U. S. C. § 51 et seq. *295Respondent filed a general demurrer to the complaint on the ground that it failed to “set forth a cause of action and is otherwise insufficient in law.” The trial court sustained the demurrer and dismissed the cause of action. The Court of Appeals affirmed, 77 Ga. App. 780, 49 S. E. 2d 833, and the Supreme Court of Georgia denied certiorari. It is agreed that under Georgia law the dismissal is a final adjudication barring…