The plaintiff, an employee of the defendant railroad, brought an action based on the Federal Employers' Liability Act, 45 U. S. C. A. secs. 51-59, for injuries sustained from a defective locomotive boiler. Neither the plaintiff nor the defendant was an inhabitant of the federal. district in which the action was brought. The court below directed a verdict for the defendant, as the plaintiff's proof did not tend to show negligence as required by the act, 45 U. S. C. A. sec. 51. On appeal, it was held that as the plaintiff's petition went far towards establishing a good cause of action under the Federal Boiler Inspection Act, 45 U. S. C. A. sec. 22 et seq., the case should be retried on that theory, and any objection to venue should be deemed to have been waived. Thompson v. Hocking Valley Railroad Co. (C. C. A. 6th, 1930) 45 F.(2d) 155.

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