Wimberley v. Atlantic Coast Line Railroad

It is alleged in the complaint and admitted by the answer that the defendant is a common carrier by railroad, engaged in interstate commerce, and that plaintiff’s intestate was employed by the defendant in such commerce at the time of his injury and death. The case, therefore, is one arising under the Federal Employers’ Liability Act, and it has properly been tried under that act. Shanks v. Del. R. Co., 239 U. S., 556; Capps v. R. R., 183 N. C., 181. The deceased employee left a widow and one small son him surviving, and his administrator, or personal representative, is prosecuting this suit…