Reed

This action was brought under the Employers’ Liability Law of April 22, 1908 (35 St.Lg. 65), as amended by the act of April 5, 1910 (36 St.Lg. 291), 45 U.S.C.A. §§ 51-59 ; sections 1 and 2 of the first mentioned act ( 45 U.S.C.A. §§ 51 , 52) being as follows:

“Sec. 1. That every common carrier by railroad while engaging in commerce between any of the several states or territories, or between any of the states and territories, or between the District of Columbia and any of the states or territories, or between the District of Columbia or any of *192 the states or territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employé, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employé; and,'if none, then of such employé’s parents; and, if none, then of the next of kin dependent upon such employé, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employés of such carrier, or by reason of any defect or insufficiency, due to its…