v.
James C. Davis, as Agent of the United States Government, etc.
The opinion of the court was delivered by
Hopkins, J.:In conformity with an application for an additional statement of facts, the following may be considered as part of the opinion (Gentry v. Davis, Agent, ante, p. 335):
The plaintiff was a locomotive fireman in the employ of the defendant company. He was injured while on a trip from Muskogee, Okla., to Parsons, Kan. His train was engage^ in interstate commerce. The action was brought under the federal employers’ liability act.