Martini v. Director General of Railroads

Citations

• 77 Pa. Super. 529
• 1921 Pa. Super. LEXIS 310

Syllabus

<p>Workmen’s Compensation Law — Federal Employers’ Liability Act — Jurisdiction—Conflict of laws — Railroads — Interstate commerce — Injuries to employees — Question on appeal.</p> <p>In the case of an injured workman claiming compensation under the Workmen’s Compensation Act of 1915, where the defense is a denial of liability, upon the ground that the injured employee was engaged in interstate commerce, the question of federal jurisdiction is paramount, and if there is an element of interstate commerce in the traffic or employment it determines the remedy. In such a ease an appellate court draws its own conclusions from the evidence, to the extent necessary to apply the federal law, without regard to the findings of fact made by the referee and approved by the compensation board.</p> <p>A ladder track in a- freight yard, which was at all times used and available for both interstate and intrastate traffic is an instrumentality of interstate commerce, and a laborer who was injured while repairing it, was engaged in employment, interstate in character, and is not entitled to compensation under the Workmen’s Compensation Act of 1915.</p>