Bourne v. Southern Railway Co.

The exception to the judgment as of nonsuit, entered by the court below, cannot be sustained unless each of the following questions can be answered in the affirmative: 1. Was plaintiff’s intestate, at the time of his death, an employee of the defendant ? 2. If so, was he acting within the scope of his employment? 3. Was the defendant engaged in transporting goods in interstate commerce at the time of the death of plaintiff’s intestate?

The plaintiff is not entitled to recover, under the Federal Employers’ Liability Act, unless her intestate at the time of his death was an employee of the…