Joseph Rucker Lamar

“ On January 12, 1912, Enoch L. White was killed in a rear end collision while employed as brakeman on the Vermont Central, an interstate railway. His administratrix sued the company, in a Vermont court, for 'the benefit of the widow and next of kin, minor children.' The jury returned a verdict for $7,168. The judgment thereon was affirmed by the supreme court of the state (87 Vt. 330, 89 Atl. 618) , and the case was brought here on a record containing so many assignments, covering 18 printed pages, as to make it proper to repeat the ruling in Phillips & C. Constr. Co. ”

“ Illinois C. R. Co. 52 C. C. A. 477, 114 Fed. 843. Congress, in passing the Federal employers' liability act, evidently intended that the Federal statute should be construed in the light of these and other decisions of the Federal courts. Such construction of the statute was, in effect, approved in Seaboard Air Line R. Co. v. Moore, 228 U.S. 434, 57 L. ed. 907, 33 Sup. Ct. Rep. 580. There was, therefore, no error in failing to enforce what the defendant calls the Vermont rule of procedure as to the burden of proof. ”

“ Stevens, 97 Va. 631 (1) , 634, 46 L.R.A. 367, 34 S. E. 525; International & G. N. R. Co. v. Lehman, -Tex. Civ. App. --, 72 S. W. 619) ,-certainly not unless the defendant can show that it has been injured by such failure. The employers' liability act is substantially like Lord Campbell's act, except that it omits the requirement that the jury should apportion the damages. That omission clearly indicates an intention on the part of Congress to change what was the English practice so as to make the Federal statute conform to what was the rule in most of the states in which it was to operate. ”

“ Those assignments, therefore, under Judicial Code, § 237 [36 Stat. at L. 1156, chap. 231, Comp. Stat. 1913, § 1214] , Rev. Stat. § 709, will not be reviewed on a writ of error to a state court. Seaboard Air Line R. Co. v. Duvall. See also Chicago Junction R. Co. v. ”