Boyle v. Pennsylvania R.

Citations

• 221 F. 453
• 1915 U.S. Dist. LEXIS 1596

Syllabus

<p>1. New Trial <S=»157—Motion—Prejudicial Error—Presumption.</p> <p>On a motion by plaintiff for a new trial because of error in the instructions in the case, in which two issues were submitted to the jury, it must be assumed that the jury found for the defendant on the issue to which the criticized instruction related, especially where the charge practically stated that there could be no finding on the other issue, if that issue was found for defendant.</p> <p>[Ed. Note.—For other cases, see New Trial, Cent. Dig. §§ 314, 317, 318; Dec. Dig. <®=>157.]</p> <p>2. Master and Servant <@=^270—Injuries to Servant—Federal Employers’ Liability Act.</p> <p>There can be no recovery under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St. 1913, §§ 8657-8665]), allowing recovery for the injury or death of an employe';, where the employer at the time was engaged in interstate commerce and the employs was employed in such commerce, for the death of a ear inspector, who was in-sped ing a train which ran on a division of an interstate railroad wholly within the state, when he was struck and killed by another train of the same division, and where there was no evidence that any passenger or baggage on either train was destined for a point in another state though the time-tables of the company expressed a readiness to transport interstate passengers over that division and transfer them to interstate trains, since there can be no recovery under that act, unless there is proof both that the carrier was engaged in interstate commerce and that the employs was employed in such commerce at the timo of the accident.</p> <p>¡Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §S 950-952,954,959,970,976; Dec. Dig. «=>276.1</p> <p><g^>For oilier casos seo same topic & KEY-NUMBISR in all Key-Numbered Digests & Indexes</p>