Chicago, Burlington & Quincy R. Co. v. Harrington, 241 U.S. 177 (1916)

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Chicago, Burlington & Quincy Railroad Company v. Harrington

No. 853

Motion to dismiss or affirm submitted April 17, 1916
Decided May 1, 1916
241 U.S. 177

ERROR TO THE KANSAS CITY COURT OF APPEALS

OF THE STATE OF MISSOURI

Syllabus

Unless the injured employee of an interstate and intrastate carrier is engaged in interstate commerce at the time of the injury, the Federal Employers’ Liability Act does not apply, and it is immaterial whether such employee had previously been, or in the immediate future was to be, engaged therein.

An employee of a carrier engaged in removing coal from storage tracks to coal chutes is not engaged in interstate commerce, even though the coal had been previously brought from another state and was to be used by locomotives in interstate hauls. Del., Lack. & West R. Co. v. Yurkonis, 238 U.S. 439.

The federal Employers’ Liability Act refer to interstate commerce in a practical sense, and the test is whether the employee, at the time of the injury, was engaged in interstate transportation or in work so closely related thereto as to be practically a part thereof. Shanks v. Del., Lack. & West. R. Co., 239 U.S. 556.

180 S.W. 443 affirmed.

The facts, which involve the validity of a judgment for damages recovered by the representative of an employee of an interstate carrier in the state court and under the state law, are stated in the opinion.