Bravis v. Chicago, M. & St. P. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Minnesota] Charles A. Willard, Judge. Action by Nick Bravis against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the District of Minnesota] Charles A. Willard, Judge. Action by Nick Bravis against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for defendant, and plaintiff brings error. The plaintiff relies for a reversal of this case upon the single alleged error that at the close of his case the court directed a verdict for the defendant, on the ground that he had alleged and elected to claim a cause of action under the federal Employers’ Liability Act and had failed to prove that the plaintiff at the time of his injury was employed…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). The chief contention of counsel for plaintiff in support of their specifica*236tion of error in this case is that the facts established by the evidence sustain the conclusion that the plaintiff was employed in interstate commerce while constructing the bridge on the cut-off. But there were no rails on the roadbed on this cut-off. It never had been used, it was not then used, and until it should be ironed it could not be used, by the defendant in interstate commerce. The mere fact that it was the purpose and intention so to use it at some future time did not…
2Cases cited9 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Wabash Railroad v. HayesSupreme Court of the United States · 1914
- Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Roberts v. United Fuel Gas Co.West Virginia Supreme Court · 1919
- Philadelphia, B. & W. R. v. McConnellCourt of Appeals for the Third Circuit · 1915
- Alexander v. Great Northern Ry. Co.Montana Supreme Court · 1916
- Chicago, Rock Island & Pacific Railway Co. v. LundquistSupreme Court of Iowa · 1928
- Walker v. Iowa Cent. Ry. Co.District Court, S.D. Iowa · 1916
22 more not listed; retrieve them via the Exa API.