Legal Opinion

Philadelphia, B. & W. R. v. McConnell

Court of Appeals for the Third Circuit

Decided December 9, 1915No. 1956PublishedCited by 14 opinions

In Error to the District Court of. the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Action at law by William R. McConnell against the Philadelphia, Baltimore & Washington Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WOOLLEY, Circuit Judge.

The question is whether the work the plaintiff was doing at the time of his injury was so related to interstate commerce as to bring him within the provisions of the Federal Employers’ Liability Act of April 22, 1908, c. 149, 35 Statutes at Large, 65.

The plaintiff was assistant foreman of a gang on one of the defendant’s work trains. The main business of the work train and its gang' was to deliver supplies for repair and maintenance of the four track roadway or main line of the defendant company from a point in Pennsylvania to a point in Delaware, and by removing and…

2Cases cited3 opinions

  1. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  2. Bravis v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1914
  3. Pennsylvania R. v. KnoxCourt of Appeals for the Third Circuit · 1915

3Cited by14 opinions

  1. Farmers' Bank & Trust Co. of Hardinsburg v. Atchison, T. & S. F. RY. Co.Court of Appeals for the Eighth Circuit · 1928
  2. Pipal v. Grand Trunk Western Railway Co.Illinois Supreme Court · 1930
  3. Miller v. Central R.Court of Appeals for the Second Circuit · 1932
  4. Boyle v. Pennsylvania R.Court of Appeals for the Third Circuit · 1915
  5. Hargrove v. Gulp, C. & S. F. Ry. Co.Court of Appeals of Texas · 1918

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