Rogers v. Canadian National Railway Co.

This is an action, brought by an injured railroad employee, to recover damages under the Federal employers'’ liability act (35 U. S. Stat. 65, as amended 36 U. S. Stat. 291, 45 USCA § 51 ei seq.) and involves the question of whether plaintiff, at the time of injury, was engaged in interstate commerce in a practical sense. Such sense bars fiction and consideration of subsequent events, and embraces work so closely related to interstate transportation as to really constitute a part thereof. In the circuit there was verdict for plaintiff, with judgment non obstante for defendant. Plaintiff…