Illinois Cent. R. v. Rogers

Citations

• 221 F. 52
• 136 C.C.A. 530
• 1915 U.S. App. LEXIS 1288

Syllabus

<p>No. 2717.</p> <p>1. Appeal and Error «=544—Record—Bill op Exceptions—Necessity.</p> <p>Where the facts on which the trial court’s jurisdiction depended appeared on the face of the pleadings, the error in ruling on exceptions raising the question of jurisdiction was one apparent of record, which need not be presented by a bill of exceptions.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 2412-2415, 2417-2420, 2422-2426, 2428, 2478, 2479; Dec. Dig. «=544.]</p> <p>2. Master and Servant «=86—Liability por Death—Law Governing.</p> <p>To bring the death of a railroad employé, struck by an engine, witbin tbe Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St. 1913, §§ 8657-S665]), it was necessary that both the employs and the engine should be engaged at the time of the injury in interstate commerce.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. § 137 ; Dec. Dig. «=86.</p> <p>What law governs actions, see note to Burrell v. Fleming, 47 C. C. A. 606.]</p> <p>3. Commerce «=27—Subjects op Regulation—Railroads.</p> <p>An employs of a railroad company, while cleaning stencils used by tbe company to mark cars owned and used by it in interstate commerce, was not engaged in interstate commerce.</p> <p>[Ed. Note.—For other cases, see Commerce, Cent. Dig. § 25; Dec. Dig. «=27.]</p> <p>4. Master and Servant «=256—Liability por Death—Law Governing.</p> <p>In an action for the death of an employs of a railway company, struck by an engine, an allegation in the petition that the railroad company was engaged in interstate commerce at the time of the accident did not sufficiently show that the engine in question was so engaged at the time of the accident.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 809-812, 815; Dec. Dig. «=256.] .</p> <p>Walker, Circuit Judge, dissenting.</p> <p>«=For otter eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>