Pennsylvania Co. v. Donat, 239 U.S. 50 (1915)

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Pennsylvania Co. v. Donat


No. 54


Motion to dismiss or affirm submitted October 18, 1915
Decided November 1, 1915
239 U.S. 50

ERROR TO THE COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

In an action based on the Employers’ Liability Act, the trial court properly submitted to the jury for its determination whether, on the facts shown in regard to movement of cars coming from without the state, the plaintiff was or was not engaged in interstate commerce, and properly refused to charge that he was not so engaged, and therefor could not recover.

A writ of error to review such a judgment is so frivolous as not to need further argument, and a motion to affirm must be granted under § 5 of Rule 6.

224 F. 1021 affirmed.

The facts, which involve the duty of this Court in the case of a frivolous appeal in a case under the Employers’ Liability Act, are stated in the opinion.