Sullivan v. Wabash Ry. Co.

MACK, Circuit Judge.

The single question involved is whether, under the undisputed facts, the trial judge erred in dismissing the case for want of jurisdiction, because plaintiff at time of the injuries was not engaged in interstate commerce, or in work so closely related to it as to be practically a part of it, and therefore could not properly sue under the Federal Employers’ Liability Act of 1908 (45 USCA §§ 51-59; Comp. St. §§ 8657-8665).

Sullivan at and before that time was in the employ of the Wabash Railway Company as a yard switchman, and worked in that capacity in and about various…