Smith v. Salt Lake Utah Railroad Corporation

WOLFE, Justice.

Appeal from a judgment based on a directed verdict on the ground that plaintiff’s intestate was not engaged in interstate commerce at the time of the accident which caused his death, and hence, that no right lay in plaintiff under the Federal Employers’ Liability Act, 45 U. S. C. A. § 51 et seq.

Deceased was killed near Lehi, Utah, while defendant’s train was being operated so as to pick up a car. The train was en route from Salt Lake City to Provo, Utah. Included in the train were three cars belonging to railroad companies with no trackage in Utah (Pierre-Marquette, New York…