Ross v. Louisville & N. R. Co.

Appellant brought an action in the circuit court of Harrison county against appellee for personal injuries sustained by appellant while an employee of appellee in interstate commerce, and the declaration was framed in the effort to state a cause of action under the Federal Employers’ Liability Act, 45 U. S. C. A., section 51, et seq. A demurrer was interposed, which was sustained, and the cause dismissed.

It is well settled that when an action is instituted in a state court under said act, the rules of pleading,, practice, and procedure of the state wherein the suit is brought control in so…