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... the effectiveness of a part of the railroad ' s plant , which is used both in
interstate and intrastate commerce , is entitled to maintain an action under the
Federal Employers ' Liability act , when injured while engaged in such
employment . 2 .
Since the Federal Employers ' Liability act of 1908 supersedes all state laws
upon the subject of the liability of carriers by railroad , engaged in interstate
transportation , to their workmen , injured while employed in such commerce -
Held , that ...
The first section of the federal act provides that every common carrier by railroad
while engaging in commerce between any of the several states or territories * * *
shall be liable in damages to any person suffering injury while he is employed ...
And if it did so apply , as a general rule , it would have no pertinence in the case
of accidents the right of recovery for injuries arising out of which is regulated by
the federal statute ; for to so hold would be to nullify the declaration of congress ...
This was an action for personal injuries . The defendant pleaded a release , and
the plaintiff replied that the instrument was obtained by fraud . At the trial , the
release having been introduced as a defence , the plaintiff offered evidence for
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