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528
39 S.Ct. 369
63 L.Ed. 752
Scarlet was a fireman on the New Orleans & Northeastern Railroad. While
engaged in the performance of his duties he was injured by being thrown down
between the engine and the tender. The accident was caused by the uncoupling
of engine and tender; and this was apparently due to the breaking of the king
pin, which fastened the drawbar to the tender, and the breaking of the coupling
chains between engine and tender. He brought suit in a state court of
Mississippi under the federal Employers' Liability Act of April 22, 1908, c.
149, 35 Stat. 65 (Comp. St. 8657-8665), and the Boiler Inspection Act of
February 17, 1911, c. 103, 36 Stat. 913 (Comp. St. 8630-8639), as amended
by the Act of March 4, 1915, c. 169, 38 Stat. 1192 (Comp. St. 8639a-8639d),
and recovered judgment which was affirmed by the Supreme Court of the state
(115 Miss. 285, 76 South. 265). The case comes here by writ of error under
section 237 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1156), as
amended by the Act of September 6, 1916, c. 448, 2, 39 Stat. 726 (Comp. St.
1214).
The railroad contends that the Supreme Court of Mississippi erred in sustaining
the action of the trial court, which charged the jury that the so-called 'Prima
The conflict of a state statute with a valid law of the United States being
involved and the decision having been in favor of the validity of the statute, the
case is properly here on a writ of error; and the petition for a writ of certiorari
is denied.
Reversed.