Erie R. v. Jacobus

Citations

• 221 F. 335
• 137 C.C.A. 151
• 1915 U.S. App. LEXIS 1334

Syllabus

<p>1. Commerce <@=27—Liability fob Injuries—Statutory Provisions—“Common Carrier by Railroad.”</p> <p>Employers’ Liability Act April 22, 1908, c. 149, 35 Stat. 65 (Comp. St. 1913, §§ 8657-8605), the title of which reeites that it is an a.ct relating to the liability of common carriers by railroad to their employes, and which makes common carriers by railroad, while engaged in interstate commerce, liable for the injury or death of any employe from the negligence of any of the officers, agents, or employes of such carrier, or by reason of any defect or insufficiency due to negligence in its “cars, * * * boats, wharves, or other equipment,” applied to injuries sustained by an employe» on a tugboat of a railroad company used, in the business of continuing or completing interstate traffic, to move floats, on which cars loaded with freight were run, between points about New York Harbor, as, in view of the history of congressional enactments upon the subject, the expression “by railroad” is descriptive of the kind of common carriers to which the statute relates, distinguishes them from common carriers of other classes, and describes the kind of employers and employes charged with and protected by the provisions of that act.</p> <p>[Ed. Note.—For other cases, see Commerce, Cent. Dig. § 25; Dec. Dig. <@=27.J</p> <p>2. Commerce <@=27—Liability for Injuries—Statutory Provisions.</p> <p>Kmployers’ Liability Act April 22, 1908, applies only to injuries occurring when the particular service in which the employe is injured is a part of interstate commerce; the test being whether the employe at the time of his injury was employed by a carrier then engaged in interstate commerce.</p> <p>[Ed. Note.—For other cases, see Commerce, Cent. Dig. § 25; Dee. Dig. <3=27.1</p> <p>S. Master and Servant <@=284—Actions for Injuries—Questions for Jury.</p> <p>In an action for injuries sustained by an employe on a tugboat of a railroad company, while it was tying up at its home dock, where defendan