Erie Railroad v. Szary
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. ' The case is stated in the opinion. Plaintiff's duties as sand-drier, apart from actually delivering sand to an engine, may be divided into (1) preparing the sand for storage, and (2) caring for the stove and fire with which the sand was prepared for storage. It seems clear that the preparation of the sand for, or placing it in, storage would not constitute interstate commerce.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. ' The case is stated in the opinion. Plaintiff's duties as sand-drier, apart from actually delivering sand to an engine, may be divided into (1) preparing the sand for storage, and (2) caring for the stove and fire with which the sand was prepared for storage. It seems clear that the preparation of the sand for, or placing it in, storage would not constitute interstate commerce. Cf. Chicago, Burlington & Quincy R. R. Co. v. Harrington, 241 U. S. 177. If the plaintiff had been placing the dried sand in storage he would have…
1Opinion of the CourtJustice McKenna
Action for damages under the Employers’ Liability Act, for the loss of a leg in the railroad company’s service. The verdict and judgment were for $20,000. The contest in the case is whether the injury was received in interstate or intrastate service.
The judges below concurred in the judgment but disagreed upon the grounds of it. Judges Hand and Hough concurred on the authority of the Collins Case (259 Fed. Rep. 172), though Judge Hand did hot sit in it, and Judge Hough dissented from its judgment.
As we have just affirmed that case, if it is not distinguishable from the case at bar, the latter…
2Cited by91 opinions
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- Bible v. Commonwealth, Department of Labor & IndustrySupreme Court of Pennsylvania · 1997
- Farmers' Bank & Trust Co. of Hardinsburg v. Atchison, T. & S. F. RY. Co.Court of Appeals for the Eighth Circuit · 1928
- Central R. Co. of New Jersey v. MonahanCourt of Appeals for the Second Circuit · 1926
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