Philadelphia & Reading Ry. Co. v. Polk, 256 U.S. 332 (1921)

Philadelphia & Reading Railway Company v. Polk

No 298
Argued April 28, 1921
Decided May 16, 1921
256 U.S. 332

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF PENNSYLVANIA

Syllabus

In a proceeding under a state workmen’s compensation law to recover for the death of a railroad employee, findings that, when injured, he was employed as a member of a crew in charge of a draft of freight cars attached to an engine in a yard and containing both interstate and intrastate cars and freight establish his employment in interstate commerce; a special relation to the intrastate commerce which would have rendered his employment intrastate cannot be presumed, but must be proven by the actor in the proceeding. Philadelphia & Reading Ry. Co. v. Di Donato, ante,327. P. 333.

266 Pa.St. 335 reversed.

The case is stated in the opinion.