Peak v. Pennsylvania Railroad

Opinion by

Parker, J.,

In this workmen’s compensation case the referee made an award in favor of the plaintiff for the death of her husband. On appeals, the award was affirmed by the board and the court of common pleas. A final decision depends upon whether the claimant’s husband was engaged at the time of the accident in interstate or intrastate commerce. If the employee was engaged in interstate commerce, the federal Employer’s Liability Act applies and recovery cannot be had under the state compensation laws: New York C. R. Co. v. Winfield, 244 U. S. 147, 37 S. Ct. 546. The issue is further…