Bay v. Merrill & Ring Logging Co., 243 U.S. 40 (1917)

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Bay v. Merrill & Ring Logging Company


No. 165


Argued January 30, 31, 1917
Decided March 6, 1917
243 U.S. 40

ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

Upon a state of facts not substantially different from those presented in McCluskey v. Marysville & Northern Railway Co., ante,36, held that the defendant in error, in hauling its logs from its own timberlands over its own railroad to tidewater (origin, destination, and transit all being in the same state) for sale to others who subsequently disposed of them or their manufactured products partly in other states, was not engaged in interstate or foreign commerce, and that the injuries suffered by the plaintiff while loading logs upon one of defendant’s cars were therefore not remediable under the federal Employers’ Liability Act.

220 F. 295 affirmed.

The case is stated in the opinion.