w:Supreme Court of the United States

“ The recovery under the employers' liability act in the trial court, affirmed by the intermediate and supreme court, was for the damage caused by the death of Mason through the negligence of the defendant company. ”

“ Overruling the motion to dismiss, we come to consider whether we should grant the motion to affirm, and for that purpose we must decide whether the propositions are so wanting in substance as not to require further argument. ”

“ And the same conclusion is necessary as to the second, because in substance and effect the want of merit in that proposition has by necessary intendment been so conclusively established by the previous decisions of this court concerning the exclusive operation and effect of the employers' liability act over the subject with which it deals as to exclude all ground for the contention which the proposition makes. Second Employers' Liability Cases (Mondou v. New York, N. H. & H. R. Co.) ”