Illinois Central Railroad v. Behrens
Supreme Court of the United States
CERTIFICATE PROM’ THE CIRCUIT COURT OP APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the construction of the Federal Employers’ Liability Act of 1908 and the determination of whether an injured employé was engaged in interstate commerce at the time of the injury, are stated in the opinion.
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CERTIFICATE PROM’ THE CIRCUIT COURT OP APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the construction of the Federal Employers’ Liability Act of 1908 and the determination of whether an injured employé was engaged in interstate commerce at the time of the injury, are stated in the opinion. The railroad company contends that the status of the employé must be fixed by the nature of the work he was actually performing at the exact time of the accident, and that if said work consisted only in the hauling of cars of strictly local freight, the question certified should be answered in the…
1Opinion of the CourtJustice Van Devanter
In an action in the Circuit Court for the Eastern District of Louisiana, under the Federal Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, against a railroad company, by a personal representative to recover for the death of his intestate, the plaintiff prevailed, and the defendant took the case by writ of error to the Circuit Court of Appeals. That court, desiring instruction upon a question of law arising in the case, certified the question here under § 239 of the Judicial Code. The facts shown in the certificate are these: The intestate was in the service of the railroad…
2Cases cited9 opinions
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- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- The Employers'liability CasesSupreme Court of the United States · 1908
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