Norfolk & Western Railway Co. v. Short's Administrator

Opinion óp the Court by

Judge Carroll

Affirming.

*649This appeal is prosecuted from a judgment of the Boyd circuit court awarding the administrator of R. Gr. Short two thousand dollars in a suit under the Federal-Employers’ Liability Act to recover damages for his death.

A reversal is asked upon four grounds: (1) that Short was not engaged in interstate commerce at the time of his death; (2) that his negligence was the proximate cause of his death; (3) that he was performing no duty he owed the company when the accident occurred; and (4) for error in giving and refusing instructions.

Under the Federal…