McCluskey v. Marysville & Northern Railway Co.

Citations

• 243 U.S. 36
• 37 S. Ct. 374
• 61 L. Ed. 578
• 1917 U.S. LEXIS 2089

Syllabus

<p>The course of business of a company engaged- in logging and milling ' timber consisted in carrying its logs from its own timber-land within a State over its own logging railroad to tidewater, in the same State, in selling there a part to others who towed them away and re-sold them to purchasers within and without the State, and in towing the rest to its mills in the same State, milling them at the latter place and then disposing by sale of their products partly in local markets and partly in other States and countries. Held, that the transportation of the logs by the railroad was not interstate'or foreign commerce, and that an employee of the railroad, injured while engaged in unloading some of them at the tidewater terminus, was not employed in such commerce, within the Federal Employers’. Liability Act.</p> <p>A plaintiff in an action for personal injuries based on the Federal Employers’ Liability Act died while the case was pending in the Cir- • cuit Court of Appeals. Writ of error to review an adverse judgment of that court having heen subsequently sued out in his name and citation issued and served, attorneys for both sides stipulated that his administrator might be substituted. Substitution, however, was refused by the Court of Appeals upon the ground that the writ had deprived it of jurisdiction. Upon a motion to dismiss upon the ground that the writ was wrongfully allowed and the administrator, not properly a party, Held, that the defect of the proceedings was at most an irregularity which, in view of the stipulation, was waived.</p>