The opinion of the court was delivered by

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.