St. Louis-San Francisco Ry. Co. v. Mills

I •do not concur in the view of the majority of the court that the employee in this ease was, at the time of his death, engaged in interstate commerce. I do not think, therefore, that the rights of the parties are to be determined by the provisions of the federal Employers’ Liability Act (Comp. St. §§ 8657-8665).

That act can, under the Constitution and by its own terms, apply only to cases where both the employer and the employee, at the time of the injury, were engaged in interstate commerce. Employers’ Liability Cases, 207 U. S. 501, 28 S. Ct. 141, 52 L. Ed. 297; 8 Fed. Stat. Ann. 1208. Of…