Healy v. Chicago, Milwaukee & St. Paul Railway Co.

Action to recover damages for the death of Victor EfSnger. Defendant admits liability but, on stipulated facts, prevailed below in its contention that Effinger’s employment at the time being was intrastate. The resulting judgment was for $10,000, tbe limit fixed by the statute of Indiana, where the accident occurred. On this appeal by plaintiff there is presented only the question whether the deceased was engaged at the time being in interstate commerce.

Effinger was a member of a switching crew “working out of Terre Haute, Indiana.”' Its daily work began by hauling a “miner’s train” from…