Culp v. Atl. City R. R.
| Decision Date | 15 May 1919 |
| Citation | 110 A. 115 |
| Parties | CULP v. ATLANTIC CITY R. R. |
| Court | New Jersey Supreme Court |
Appeal from Supreme Court.
Action by Charles F. Culp against the Atlantic City Railroad. Judgment of the court of common pleas was reversed for want of jurisdiction by the Supreme Court on certiorari by the railroad company, and defendant in certiorari appeals. Affirmed.
The following is the opinion of Garrison, J., in the common pleas.
The petitioner was injured while painting a baggageroom used by the prosecutor at its Cape May terminal for the reception and storage of both interstate and intrastate baggage. Whether or not the petitioner was engaged in interstate commerce depends upon whether the baggageroom was an instrumentality used by the carrier in the handling of its interstate business. If it was such an instrumentality, the fact that it was also used for intrastate business and the circumstance that at the time of the accident there was no interstate baggage in the building are alike immaterial.
The state of the case shows that the baggage-room was an instrumentality of interstate commerce; the pleas therefore was without jurisdiction, and its judgment is reversed, with costs.
Oscar B. Redrow, of Camden, for appellant.
French & Richards, of Camden, for respondent.
The judgment under review herein should be affirmed for the reasons expressed in the opinion delivered by Mr. Justice Garrison in the Supreme Court.
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