Thompson v. Industrial Commission

Mr. Chiep Justice Murphy

delivered the opinion of the court:

In April, 1938, W. W. Davis was in the employ of defendant in error in the railroad service and while so engaged received an injury. Defendant in error made various payments on account of the injury, totaling $1606.50. In April, 1940, the employer applied to the Industrial Commission to have compensation awarded Davis in accordance with the Workmen’s Compensation act of this State. Davis resisted such application contending he was engaged in interstate commerce at the time of the injury and that he had a right of action for damages…