Edwards v. Pacific Fruit Express Co., 390 U.S. 538 (1968)

Edwards v. Pacific Fruit Express Co.

No. 465

Argued March 14, 1968
Decided April 8, 1968
390 U.S. 538

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Petitioner, an employee of respondent company which owns, maintains, and leases refrigerator cars to railroads, was injured and brought this action against respondent charging it was a "common carrier by railroad" and liable for damages under the Federal Employers’ Liability Act. The District Court granted respondent’s motion for summary judgment, and the Court of Appeals affirmed.

Held: In light of the legislative history, consistent judicial decisions holding refrigerator car companies not common carriers by railroad, and the administration of the Act for 60 years, such companies are not within the coverage of the Act. Pp. 539-543.

378 F.2d 54, affirmed.