Klar v. Erie Rd. Co.

The question is presented whether under the undisputed facts disclosed by the record the plaintiff may recover from the defendants, or either of them. The action of the plaintiff is based upon the Federal Employers’ Liability Act, and is instituted and maintained upon the theory that at the time of the injury he was engaged.in interstate commerce. It therefore becomes a matter of first concern to determine whether the relationship was such that the provisions of that act have any application to this case.

The car in question, loaded with coal, came into the yards of the Erie Railroad Company…