Mayers v. Union Railroad

Citations

• 256 Pa. 474
• 100 A. 967
• 1917 Pa. LEXIS 637

Syllabus

<p>Negligence — Railroads—Master and servant — Federal Employers’ Liability Act — Application.</p> <p>1. The question, whether ears which caused personal injuries were engaged in interstate or intrastate commerce at the time of an accident depends on their employment at the time and not upon remote probabilities or upon accidental later events.</p> <p>2. Where in an action against a railroad company to recover damages for injuries sustained by an employee in consequence of being struck by an engine, it appeared that the engine and the train attached to it had finished some interstate business, but had not yet begun upon any other, and it did not appear whether their next work was to be in interstate or intrastate transportation, the Federal Employers’ Liability Act has no application: Minneapolis & St. Louis Railroad Company v. Winters, 242 U. S. 353, followed.</p>