“ It is unnecessary to recur to the text of the opinion to demonstrate the conclusion just stated, because in any event the contentions must be overruled, since the benefit of the defense of assumption of risk was accorded to the railway company at the trial, and the right of the plaintiff to recover was made dependent upon his establishing that at the time he was injured he was actually engaged in interstate commerce. ”

“ But we think it is plain that the contentions last stated are without merit, and that the only even pretext afforded of the opinion below, which, we think, of the opinion below, which, we think. despite its meager and maybe inadequate examination of the case, nevertheless on its face rebuts the inferences which the contentions attempt to draw from it. ”