O'Brien v. Northern Pacific Railway Co.

While in the course of his employment of operating a truck belonging to Elmer E. Hemrich Brewery, Inc., plaintiff sustained injuries as the result of a collision of the truck with a train operated by the defendant. Although he was entitled to compensation under the industrial insurance act, plaintiff elected to sue the defendant for damages, alleging that the collision and his resultant injuries were caused by the negligent operation of the train, which at the time was engáged in interstate commerce.

Defendant interposed a demurrer to the complaint on the grounds: (1) That the court had no…