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· 4/30/1910

Walton v. Southern Ry. Co.

Citations

  • 179 F. 175
  • 1910 U.S. App. LEXIS 5407

Syllabus

<p>Master and Servant (§ 256*) — Federal Employer’s Liability Act — Action by Railroad Employé — Pleading.</p> <p>In an action by an employé against a railroad company to recover for a personal injury, an allegation in the declaration that “at the time of the injuries hereinafter complained of your petitioner was engaged in the transportation of interstate commerce” is insufficient to state a cause of action under the federal employer’s liability act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. Supp. 1909, p. 1171]), in the absence of any allegation that defendant was a common carrier engaged in interstate commerce by railroad. • t ■</p> <p>[Ed. Note. — For other cases, see Master and Servant, Dec. Dig. § 256.'*]</p>

Judges: Newman

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