Towns v. Monongahela Railway Co.

Lively, Judge :

Plaintiff obtained a verdict and judgment of $5,000.00 for personal injuries received as an employee of defendant, and the latter prosecutes error. •

There is no material controversy of fact. The controlling question on this writ is whether plaintiff was engaged in intrastate or interstate service at the time he received his injury, and therefore whether the State or Federal law applies. Plaintiff contended that he was engaged in interstate service, and offered an instruction to that effect; while defendant contended that plaintiff was engaged toy it in intrastate service, and…