Walton

This is an appeal from the United States District Court for the Northern District of California, Southern Division. Since the sufficiency of the bill of exceptions is brought into question, on the ground that it was not authenticated by the trial judge, it will be necessary to review certain proceedings before the trial court and before this court.

An action was brought in the court below under the Federal Employers’ Liability Act (45 USCA §§ 51-59) for personal injuries alleged to have been received by the appellant while he was employed as hostler’s helper by the appellee.

After denying the material allegations of the complaint, the defendant’s answer set up' four separate defenses, as follows: Contributory negligence on the part of the plaintiff; assumption of risk; that the case falls within the Workmen’s Compensation Act of California, and that the Industrial Accident Commission of that state has sole jurisdiction of all matters connected with plaintiff’s 'injury; and that the defendant performed all the things required by the Compensation Act (St. Cal. 1917, p. 831 as amended) with respect to providing medical attention, and in addition paid plaintiff compensation pursuant…