Trowbridge v. Kansas City & Westport Belt Railway

TRIMBLE, J. —

In this case damages are sought, under the Federal Employer’s Liability Act, for personal injuries received by plaintiff while employed as a switchman in defendant’s yard.

The principal contention of the defendant, and the one to be first considered, (since it will effectually dispose of the case if defendant is right), is that plaintiff was not engaged in interstate commerce at the time he received his injury. To create a right of recovery under the Federal act in question, not only must the employer be a common carrier by railroad engaged in interstate commerce, but the injury…