Wise v. Lehigh Valley R.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff, a brakeman in a switching crew in the Jersey City freightyard of the *693defendant railroad, was injured, through, its alleged negligence, while operating a switch on track No. 5. The sole question raised by this appeal is whether he was at the time engaged in interstate commerce so as to come within the provisions of the Federal Employers’ Liability Act (45 USCA §§ 51-59).

A number of cars loaded with cement, which had come from Copely, Pa., were on a track known as the cement track that ran along a bulkhead at Jersey City, where they were to be…