Shauberger v. Erie R. Co.

DENISON, Circuit Judge.

Plaintiff in-error, also plaintiff below, brought this action' *298to recover for personal injuries suffered in a witching yard derailing while he was engineer for the-defendant. The case was rested upon the Federal Employers’ Liability Act (45 USCA §§ 51-59; Comp. St. §§ 8657-8665); the trial court held that there was no evidence tending to show that -plaintiff was engaged in interstate commerce at the time of his injury and directed a verdict against him; and this ruling presents the only question before us. Train No. 109, had brought into the yard of the defendant at…