Lamlein v. Director General of Railroads

Citations

• 77 Pa. Super. 534
• 1921 Pa. Super. LEXIS 311

Syllabus

<p>Workmen’s Compensation Law — Federal Employers’ Liability Act — Jurisdiction—Conflict <o.f laws — Railroads — Interstate commerce — Intrastate train — Death of employee — Burden of proof— Question on appeal.</p> <p>One who claims to be a dependent, and claims compensation under the Workmen’s Compensation Act of 1915, for the death of an employee of a railroad company under circumstances in which there are constituents of interstate commerce, has the burden of showing that the employee was not engaged in interstate commerce. The appellate court, in such cases, draws its own conclusions from the evidence without regard to the findings below, to the extent necessary to apply the federal law.</p> <p>A brakeman on an intrastate train, which is delivering interstate shipments of freight, from more than half a dozen different states and from Canada, is engaged in interstate commerce, and a dependent seeking compensation for his death has no remedy under the Workmen’s Compensation Act of 1915.</p>