Virginian Ry. Co. v. Early

SOPER, Circuit Judge.

This suit against the Virginian Railway Company for damages for the death of Everett W. Early under the Federal Employers’ Liability Act, 45 U.S.C.A. § 59, turns primarily on the question whether the deceased at the time of the accident, which is said to have caused his death, was acting within the scope of his employment. The facts in this respect are not in dispute. Early was a machinist in the employ of the railroad’s shops at Elmore, Virginia, which was 34 miles distant from his home at Princeton, Virginia. As was his custom, he came to work on March 8, 1940, the day…