Miller v. Lehigh Valley Railroad

Opinion by

Parker, J.,

We agree with the referee, the board, and the court below that the claimant’s decedent was engaged in interstate transportation at the time he was killed and that the federal Employers’ Liability Act controls the liability of the defendant carrier: N. Y. Central R. Co. v. Winfield, 244 U. S. 147, 37 S. Ct. 546. Otherwise she would be entitled to workmen’s compensation under the Pennsylvania statute. The parties entered into a stipulation setting forth the facts so that the only question involved is one of law: Martini v. Director General, 77 Pa. Superior Ct. 529.

We will…