Baldassarre v. Pennsylvania R.

DENISON, Circuit Judge.

Plaintiff below, plaintiff in error here, was a yard brakeman for defendant railroad and was injured by a coupling shock. His petition alleged diverse citizenship and also a case under the federal Employers’ Liability Act (45 USCA §■§ 51-59; Comp. St. §§ 8657-8665). The court below directed a verdict against him, on the ground that he was not engaged in interstate commerce when hurt.

On this point the record is very confused. The utmost that can-be claimed for plaintiff is that the general operation in intermittent progress was the hauling of cars loaded with steel beams…