Reading Co. v. Boyer.

WOOLLEY, Circuit Judge.

This suit was brought under the Federal Employers’ Liability Act (U. S. Comp. St. §§ 8657-8665) to recover damages sustained by the widow and children of George W. Boyer arising from his death while in the employ of the Reading Company as brakeman. The plaintiff had a verdict and the ease is here on the defendant’s writ of error.

Being in trespass, the action is based on the defendant’s negligence. Its negligence, however, is oddly pleaded. In her statement of claim the plaintiff alleges:

“That the said fellow-servants of plaintiff’s intestate who operated the cars that…