Grigsby v. Southern Ry. Co.

MACK, Circuit Judge.

The only contested question presented on this record in the trial court and in this court is whether or not the deceased, who was killed while acting as a freight brakeman for defendant, was at the time engaged in interstate transportation so as to bring the case within the federal Employers’ Liability Act (Comp. St. §§ 8657-8665). The trial judge, after fully and accurately stating the pertinent facts and the basis for his deduction therefrom, directed a verdict for defendant. We summarize these facts as follows:

On the morning of the accident a train left Coal Creek,…