
    SHIPP v. TEXAS & P. RY. CO.
    
    (Circuit Court of Appeals, Fifth Circuit.
    February 18, 1913.)
    No. 2,379.
    In Error to the District Court, of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge.
    Chas. Louque, of New Orleans, La., for plaintiff in error.
    Chas. Payne Fenner, of New Orleans, La., for defendant in error.
    Before PARDEE and SHELBY, Circuit Judges, and GRUBB, District Judge.
    
      
       Rehearing denied March 18, 1913.
    
   PER CURIAM.

The petition in this case states no case of liability under the Employers’ Liability Act of 1908 (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. Supp. 1911, p. 1322]) as amended by act of 1910 (Act April 5, 1910, c. 143, 36 Stat. 291 [U. S. Comp. St. Supp. 1911, p. 1324]). Under the Louisiana law applicable, the case does not show that the defendant was guilty of negligence, but shows that the plaintiff’s decedent was guilty of contributory negligence in the matter resulting in his death. The judgment of the District Court is affirmed.  