New Orleans & N. E. R. v. Hanna

Citations

• 118 Miss. 40
• 78 So. 953

Syllabus

<p>Courts. State law. Federal Employer’s Liability Act. Proof of negligence.</p> <p>Where a suit is brought under the Federal Employers’ Liability Act (Act April 22, 1908, ch. 119, 35 Stat. U. S. Comp. Stat. 1910, sections 8657-8665), the burden is on the plaintiff to prove negligence, it being a matter of substance not subject to control by state law. In such case section 1985, Code 1906, as amended by Laws 1912, chapter 2155, our prima-facie statute does not apply.</p>