McDermott v. Chicago & Northwestern Railway Co.

Raper, District Judge.

The plaintiff, who is appellee, was injured while in the employ of the defendant railway company, appellant, an interstate carrier. He brought suit in Douglas county under the federal employers’ liability act, and recovered, judgment, from which defendant appeals.

The evidence relating to the issue as to whether the plaintiff was engaged in interstate transportation at the time of his injury is not in dispute. It was all offered by plaintiff and consists of the testimony of plaintiff and members of the switching crew and clerk of the defendant company.

Plaintiff for many…