Sassaman v. Pennsylvania R. Co.

(dissenting).(1) I think that the plaintiff’s cause of action arises under the Federal Employers’ Liability Act, 35 Stat. 65, 45 U.S.C.A. § 51, and not at common law as the majority hold. The judgment in the plaintiff’s favor should be reversed because, though his damages may be found to be the same, the court below must determine whether the defendant was engaged in interstate commerce and whether the plaintiff was employed by the defendant in such commerce.1 On the record before us, despite the probably inadvertent admissions of his counsel to the contrary, I conclude that he was so…