Kach v. Monessen Southwestern Ry. Co.

MARIS, Circuit Judge.

The sole question which this appeal presents is whether the defendant, the Monessen Southwestern Railway Company, is a common carrier by railroad which is engaged in interstate commerce within the meaning of the Federal Employers’ Liability Act,1 the Federal Safety Appliance Acts 2 and the Boiler Inspection Act.3 In the plaintiff’s suit for damages for injuries suffered while employed as a locomotive fireman by the defendant the trial judge held that the defendant was “not a cofnmon carrier of persons or property on a railroad engaged in [interstate] commerce * * * at the…