Disalvo v. Chicago, Rock Island & Pacific Railway Co.

Evans, J. —

I. The plaintiff is the administrator of the estate of Angelo Cacciatore, who lost his life while in the employ of the defendant. On this appeal, the defendant appellant stresses tw0 Points: C1) That the evidence fails to show tliat the deceased was employed in interstate commerce at the time of the accident; (2) that the evidence fails to show any negligence on the part of the defendant or its employees.

The deceased had been in the employ of the defendant for nine years. His place of work was in and about the freight yard. The character of his work was miscellaneous. He is…