Hetman v. Fruit Growers Express Co.

KALODNER, Circuit Judge.

Is the defendant, Fruit Growers Express Company, a “common carrier by railroad” within the meaning of the Federal Employers’ Liability Act (“Act”) ?1

If it is, was the plaintiff’s decedent, Stephen Hetman, its “employee” within the meaning of the Act at the time he sustained the injuries which led to this action ? 2

The District Court answered these questions in the negative and granted summary judgment in favor of the defendant on the basis of the following stated undisputed facts disclosed by the pleadings, deposition of the decedent, affidavits and exhibits.

On April…