Consolidated Fast Freight v. Walker

Error is assigned to a judgment in favor of defendant in error upon his claim under the Workmen’s Compensa tion Act, on the ground that the trial court erroneously found that the Industrial Commission had jurisdiction of the claim, and ordered payment, which it had denied by a final award upon a finding that it had no jurisdiction by application to the facts of section 10 of the act (C. S. A. ’35, vol. 3, c. 97, §289), which is as follows: “The provisions of this article shall not apply to common carriers engaged in interstate commerce nor to their employees.”

Plaintiff in error, under a…