Nordgard v. Marysville & N. Ry. Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Ne-terer, Judge. Action at law by Guilder Nordgard against the Marysville & Northern Railway Company and the Stimson Mill Company. Judgment for defendants, and plaintiff brings error.
1DissentRoss, Circuit Judge
This is a personal injury case, and the real question is whether either of the defendants in error was, at the time the plaintiff in error received the injuries for which he sued, a carrier by* railroad engaged in interstate commerce — the action being based upon the Employers’ Liability Act of Congress of 1908 (35 Stat. 65). If so, then manifestly the plaintiff in error was likewise so engaged, as he was one of the brakemen of one of the *741railroad trains of the defendants in error at the time of his injury. The trial court granted a motion of the defendants for a directed verdict in their…
2Cases cited13 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Coe v. ErrolSupreme Court of the United States · 1886
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
- Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
- Railroad Commission of Ohio v. Worthington, Receiver of Wheeling & Lake Erie Railroad CompanySupreme Court of the United States · 1912
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