Lehigh Valley Railroad Company v. James Barlow
| Court | U.S. Supreme Court |
| Writing for the Court | McReynolds |
| Citation | Lehigh Valley Railroad Company v. James Barlow, 244 U.S. 183, 37 S.Ct. 515, 61 L.Ed. 1070 (1917) |
| Decision Date | 21 May 1917 |
| Docket Number | No. 194,194 |
| Parties | LEHIGH VALLEY RAILROAD COMPANY, Plff. in Err., v. JAMES H. BARLOW |
Messrs. Peter F. MeAllister and F. O. McCleary for plaintiff in error.
Mr. Clayton R. Lusk for defendant in error.
Basing his claim upon the Federal Employers' Liability Act, defendant in error sought damages for personal injuries. The New York court of appeals affirmed a judgment in his favor (214 N. Y. 116, 107 N. E. 814), and the question now presented is whether there is evidence tending to show that he was injured while engaging in interstate commerce. The accident occurred July 27, 1912, when, as member of a switching crew, he was assisting in placing three cars containing supply coal for plaintiff in error on an unloading trestle within its yards at Cortland, New York. These cars belonged to it, and with their contents had passed over its line from Sayre, Pennsylvania. After being received in the Cortland yards—one July 3 and two July 10—they remained there upon sidings and switches until removed to the trestle on the 27th.
We think their interstate movement terminated before the cars left the sidings, and that while removing them the switching crew...
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...was not a movement in interstate commerce. Kozimko v. Hines, 268 Fed. 507; Schauffele v. Director Gen., 276 Fed. 115; Lehigh Valley Railroad Co. v. Barlow, 244 U.S. 183; C.B. & Q. v. Harrington, 241 U.S. 177; Bishop v. Delano, 265 Fed. 263. (5) The general instruction given on behalf of the......
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Hamarstrom v. M.K.T. Ry. Co.
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