Mahon v. Lackawanna & Wyoming Valley Railroad

Opinion by

Parker, J.,

Katie O’Donnell, widow of Prank O’Donnell, in an action under the Workmen’s Compensation Law, sought to recover compensation for the death of her husband. After the claim was filed the claimant died and her executrix was substituted as plaintiff. We are of the opinion that the deceased was at the time of his death engaged in interstate transportation. It follows that the Federal Employers’ Liability Act is applicable and that, as a consequence, recovery cannot be had under the state compensation law: New York Cent. R. Co. v. Porter, 249 U. S. 168, 169, 39 S. Ct. 188.

A…