Louis Brandeis

“ 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 Facie Act' of Mississippi (section 1985 of the Code of 1906, as amended by chapter 215, Laws 1912, p. 290) applied, and that it relieved the plaintiff of the burden of proof to establish negligence. Scarlet concedes now that the statute cannot constitutionally be applied to suits under the federal Employers' Liability Act, since this court has so decided in New Orleans & Northeastern Railroad Co. ”

“ 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. ”