Pedersen v. Delaware, L. & W. R.

Citations

• 197 F. 537
• 117 C.C.A. 33
• 1912 U.S. App. LEXIS 1312

Syllabus

<p>1. Commerce (§ 27*) — Employer’s Liability Act — Construction and Scope.</p> <p>The federal Employer’s Liability Act April 22, 1908, c. 149, § 1, 35 Stat. 65 (U. S. Comp. St. Supp. 1911, p. 1322), applies only to injuries suffered by employés while the carrier is engaged in an act of interstate transportation and to such employés only as at the time of injury have a real and substantial connection with such act of interstate transportation.</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. § 25; Dec. Dig. •i 27.*]</p> <p>2. Commerce (§ 27*) — Employer’s Liability Act — Interstate Commerce.</p> <p>Where an iron worker, employed on a railroad bridge on which an additional track was being placed for use by the railroad company in both interstate and intrastate business, was struck and injured by a local intrastate train on the old track where he had gone while after some rivets, the company was not engaged in interstate commerce, nor was the employé employed in such commerce at the tim'e of the injury within the meaning of Employer’s Liability Act of April 22, 1908, c. 149, § 1, 35 Stat. 65 (U. S. Comp. St. Supp. 1911, p. 1322), and an action to recover for the injury cannot be maintained thereunder.</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. § 25; Doc. Dig. § 27.*]</p>