Killes v. Great Northern Railway Co.

Citations

• 93 Wash. 416
• 161 P. 69
• 1916 Wash. LEXIS 1218

Syllabus

<p>Election oe Remedies — Master and Servant — Actions—Federal Statutes. Where plaintiff sued for personal injuries under the Federal employers’ liability act, and resisted a removal of the case to the Federal court upon his right to sue in the state court under the Federal act, he elected as between a right of action at common law and under the Federal act, and must abide by his election as fixing the law of the case.</p> <p>Commerce — Interstate Commerce — Employment Within — Federal Statute. The building of a scaffold upon which a workman was to stand while painting the roof of a freight shed used in inters state commerce is not a service rendered in the movement of interstate commerce, within the Federal employers’ liability act; since it had no direct or immediate connection with interstate commerce and was not a necessary incident in the movement of interstate freight.</p>