Raymond v. Chicago, Milwaukee & St. Paul Ry. Co., 243 U.S. 43 (1917)

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Raymond v. Chicago, Milwaukee

& St. Paul Railway Company
No. 636

Argued January 31, 1917
Decided March 6, 1917
243 U.S. 43

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Plaintiff, employed by the defendant, an interstate carrier, was injured while laboring in a tunnel which was then being constructed by the defendant in the Washington for the purpose of shortening its main line between Chicago and Seattle, and thus improving its freight and passenger service. The tunnel was incomplete, and had never been used in interstate commerce.

Held:

(1) That neither party was engaged in interstate commerce, quoad the injury, and that no cause of action existed under the Federal Employers’ Liability Act.

(2) That plaintiff’s cause of action, viewed as arising under the state law, was remediable only as provided by the Washington Workmen’s Compensation Act, Laws 1911, c. 74. Mountain Timber Co. v. Washington, post,219; New York Central R. Co. v. White, post,188.

233 F. 239 affirmed.

This was an action for personal injuries begun in the District Court of the United States for the Western District of Washington, the petition averring that the plaintiff was a citizen of that state and the defendant a foreign corporation. The facts are stated in the opinion.