Charles Evans Hughes

“ The make-up of trains and the movement of cars are not matters which we may assume to know without evidence. The state court, with its intimate knowledge of the local situation, thought that such an assumption on its part would be wholly unwarranted and we cannot say that it erred in this view. The fact that Chattanooga and its suburb, Alton Park, were near the state line, did not establish that the cars had crossed it. The defendants knew the actual movement of the cars, and, failing to inform the court upon this point, cannot complain that they have been deprived of a Federal right. ”

“ That the court erred in not holding that both counts of the declaration stated a case controlled by the Federal employers' liability act, and that, therefore, the widow could not recover in a suit begun in her own name; and (2) that the court erred in not holding that the evidence on the first trial made a case within the Federal act.
In support of the first assignment, it is insisted that the amendment inserting the allegation that the injury was sustained while the decedent was engaged in interstate commerce amended both counts of the declaration. ”