Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that the court erred in submitting the case to the jury under the provisions of the Federal Employers’ Liability Act,* and further that the plaintiff’s intestate was guilty of contributory negligence' .as matter of law.
See 34 U. S. Stat. at Large, 323, chap. 3073 ; The Employers’ Liability Gases (207 U. S. 464). See also 35 U. S. Stat. at Large, 65, chap. 149.— [Rep.