Montgomery v. Southern Pacific Co.
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Bean. This is an action by Samuel M. Montgomery against the Southern Pacific Company, a corporation, and is brought under the act of Congress of April 22, 1908, c. 149, 35 Stat. 65 (U. S. Comp. St. Supp. 1911, p. 1322), generally known as the Employer’s Liability Act.
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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Bean. This is an action by Samuel M. Montgomery against the Southern Pacific Company, a corporation, and is brought under the act of Congress of April 22, 1908, c. 149, 35 Stat. 65 (U. S. Comp. St. Supp. 1911, p. 1322), generally known as the Employer’s Liability Act. The principal question involved in this case is whether or not plaintiff was engaged in interstate commerce, at the time he was injured, so as to bring him within the terms of that act. At the time of the accident complained of, plaintiff was employed by the…
1Opinion of the CourtJustice Bean
It is contended by counsel for plaintiff that the work plaintiff Montgomery was doing at the time of the injury complained of was incidental to the movement of interstate commerce, and that he was acting partly as an agent of interstate commerce at the time, and was therefore “engaged in interstate commerce” within the meaning of the act. Counsel for defendant contend: (1) That neither the engine, caboose, nor tank car was an instrument of interstate commerce; (2) that, while moving this tank car, defendant was not engaged in interstate commerce, nor was plaintiff employed therein. The…
2Cases cited11 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
- Louisville & Nashville Railroad v. MeltonSupreme Court of the United States · 1910
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grow v. Oregon Short Line Ry. Co.Utah Supreme Court · 1913
- Thornhill v. Davis, Director GeneralSupreme Court of South Carolina · 1922
- Oberlin v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914
- Kamboris v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1915
- Morris v. HinesNebraska Supreme Court · 1922
7 more not listed; retrieve them via the Exa API.