US SUPREME COURT DECISIONS

In the trial of an action under the Federal Employers' Liability Act, defendant is denied a federal right if he is denied a fair opportunity to show, in accordance with proper practice, negligence attributable to the employee in diminution of damages nor, in the absence of a settled local rule of practice requiring counsel to announce in advance the purpose for which evidence is tendered, can evidence as to contributory negligence be excluded because tendered without notice that it is restricted to diminution of damages.

When evidence can be introduced for one purpose only, it is unnecessary for counsel, in offering it, to go through the idle form of announcing its purpose.

137 La. 178 reversed.

The facts, which involve the validity of a judgment for damages recovered by the representative of an employee of an interstate carrier in the state court and under the Federal Liability Act, are stated in the opinion.