“ That Rosenbloom was employed by the railway as ticket clerk and required to be in and at the switch yard in order to take and preserve a record of numbers on outgoing cars and to seal those which needed it. That when the accident occurred a long freight train was leaving the yard on its regular run along switch track No. 4; as required by his duties, Rosenbloom was walking between tracks 4 and 5, and near the train, observing and noting car numbers; while so engaged and exercising due care a ballast car, negligently pushed along track No. 5, struck him with great violence and caused his death. ”

“ If when struck deceased was employed in interstate commerce, the right of recovery depended upon that act; and it only permits suit by a personal representative for the benefit of surviving widow or husband and children if there be such (Chap. 149, 35 Stat. at L. 65, Comp. Stat. 1913, § 8657; chap. 143, 36 Stat. at L. 291, Comp. Stat. 1913, § 8662) . It is unnecessary to take up other points presented by counsel; the purpose and effect of the Federal legislation has been much discussed in our recent opinions. ”