No. 24,454.
W. A. Gentry, Appellee, v. James C. Davis, as Agent of the United States Government, etc., Appellant.
ADDENDA.
Appeal from Labette district court; Elmer C. Clark, judge.
Additional opinion on rehearing filed March 21, 1924.
(For former opinion on rehearing see ante, p. 335.)
W. W. Brown, A. G. Armstrong, and E. L. Burton, all of Parsons, for the appellant.
F. E. Dresia, Charles Stephens, both of Columbus, Paul MacCaskill, of Parsons, Frank Dosier, and J. E. Addington, both of Topeka, for the appellee.
[MAJORITY — Hopkins, J.:]
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.