Elisha Edwards v. Pacific Fruit Express Company

This is an appeal from a district court determination that Pacific Fruit Express Company (P. F. E.) is not a “common carrier by railroad.” Appellant, an injured P. F. E. employee, claims that P. F. E. is such a common carrier. At stake is appellant’s attempt to proceed under the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq.

P. F. E. is a large refrigerator car company. It owns approximately 25,000 refrigerator cars and carries-about 28% of all refrigerated goods moving by rail. P. F. E. deals directly with the shipper and, among other activities, maintains a service by which it…