Tsmura v. Great Northern Railway Co.

Citations

• 58 Wash. 316
• 108 P. 774
• 1910 Wash. LEXIS 935

Syllabus

<p>Master and Servant—Injury to Servant—Fellow Servants— Statute—Construction. A common laborer engaged in loading a flat car with rails that had been used in repair work, who was injured through the negligence of co-employees in the same work, is not engaged in interstate commerce, within the meaning of the Employer’s Liability Act, 35 Stats. 65, making common carriers by railroad while engaged in interstate commerce liable for injuries to employees resulting from the negligence of co-employees, it not being shown where the rails came from or were to go.</p> <p>Same. To avail oneself of the benefit of such statute, the burden of proof is upon the plaintiff to show that his duties directly pertained to, and were a part of, interstate commerce.</p>