McCluskey v. Marysville & Northern Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. After judgment against plaintiff in the court below, the writ of error from this court was allowed by a judge of. that court March 15, 1915, upon a petition therefor made by plaintiff’s attorney in plaintiff’s name. Citation was issued conformably, March 22, 1915, of which service was admitted by defendants’ attorneys March 23d.
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ERROR TO THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. After judgment against plaintiff in the court below, the writ of error from this court was allowed by a judge of. that court March 15, 1915, upon a petition therefor made by plaintiff’s attorney in plaintiff’s name. Citation was issued conformably, March 22, 1915, of which service was admitted by defendants’ attorneys March 23d. In April following attorneys for both sides stipulated that the plaintiff died February 28, 1915, white the cause was pending in the court below, that his administrator was duly appointed March 23, 1915, and…
1Opinion of the CourtChief Justice White
This suit was brought under the Employers’ Liability Act to recover damages resulting from injuries suffered by Nordgard white in the employ of the defendant railway company. The trial court directed a verdict for the defendants on the ground that there was no evidence tending to show that the defendants and Nordgard were engaged at the time of the accident in interstate or foreign commerce, and the case is here on writ of error to secure a reversal of the action of the court below affirming the judgment entered by the trial court dismissing the suit. 218 Fed. Rep. 737.
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