in a personal mission unconnected with his employment during off-duty hours is not within the scope of the Federal Employers' Liability Act.
It is thus clear from these decisions that the defendant railroad in this case had the right to assert and prove that the Federal Employers' Liability Act was not applicable here for the reasons alleged in paragraph 21 (c) of its original answer, in which it was alleged that the plaintiff at the time he was injured was not on duty with the defendant and was not engaged in any act, duty, service or work of or for the defendant or which was a necessary incident of his work for defendant or imposed upon him by his employment, and was not acting within the course or scopethe plaintiff went off duty at 1:15 p. m. on the day of the occurrence complained of; that he was not to report back to work until 7 a. m. on the following day; that during his off-duty hours, his time was his own and that he was not "on call," that he could return to his home or go anywhere he pleased (the evidence showed that several members of the train crew did return to their homes to spend the night), the only requirement being that he report to work at 7 the following morning; that arrangements were made for those members of the crew who wanted to spend the night in Westminster to stay at a boarding house, and that the plaintiff had indicated his intention