Haney v. Baltimore & Ohio Railroad

Opinion by

Mr. Justice Linn,

This appeal is from judgment for plaintiff in an action to recover for injury sustained by plaintiff while engaged in repairing a chute on a tipple used for coaling locomotives in defendant’s Connellsville Yard. The coal tipple and the tracks alongside were instrumentalities used in interstate and in intrastate commerce. For present purposes we assume defendant’s negligence as established by the verdict. Plaintiff sues under the Federal Employers’ Liability Act, 45 TJSCA, sections 51-59. The defense was that plaintiff was not employed in interstate commerce, that…