Castle v. Thomson

This is a proceeding instituted by plaintiff under the provisions of the Workmen’s Compensation Law (SDC 64) to recover for the death of her husband who was an employee of defendant railroad company, a carrier engaged in both intrastate and interstate commerce. Defendant appeals from a judgment of the circuit court affirming an award made by the industrial commissioner.

The only contention presented is that deceased, at the time of his fatal injury, was engaged in interstate commerce within the purview of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. and consequently the…