Brainard v. Atchison, Topeka & Santa Fe Ry. Co.

MELLOTT, District Judge.

Two questions are raised by, or are incidental to, defendant’s motion to dismiss: (1) Is there extant an adjudication, binding upon this court, as plaintiff contends, that he was engaged in interstate commerce at the time of his injury and hence may prosecute the instant suit to recover damages under the Federal Employers’ Liability Act ?1 (2) If not, do the stipulated facts show that plaintiff was not engaged in interstate commerce at the time of his injury and therefore this court is without jurisdiction, both plaintiff and defendant being citizens and residents of…