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Pedersen v. Delaware, L. & W. R. Co., 229 U.S. 146 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Pedersen v. Delaware, L. & W. R. Co., 229 U.S. 146 (1913)
Pedersen v. Delaware, Lackawanna & Western Railroad Company No. 698 Argued January 14, 1913 Decided May 26, 1913 229 U.S. 146
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
Under the Employers’ Liability Act. a right of recovery exist only where the injury is suffered while the carrier is engaged in interstate commerce and while the employee is employed in such commerce, but it is not essential that the co-employee causing the injury be also employed in such commerce.
One engaged in the work of maintaining tracks, bridge, engines, or cars in proper condition after they have become and during their use as instrumentalities of interstate commerce is engaged in interstate commerce, and this even if those instrumentalities are used in both interstate and intrastate commerce.
One carrying materials to be used in repairing an instrumentality of interstate commerce is engaged in such commerce, and so held that a railroad employee carrying bolts to be used in repairing an interstate railroad and who was injured by an interstate train is entitled to sue under the Employers’ Liability Act of 1908.
A federal court is without authority to reverse a judgment in favor of one party and direct a judgment in favor of the other non obstante veredicto.Slocum v. New York Life Ins. Co., 228 U.S. 364.
197 F. 537 reversed.
The facts, which involve the construction of the Employers’ Liability Act of 1908 and the determination of what constitutes being engaged in interstate commerce, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Pedersen v. Delaware, L. & W. R. Co., 229 U.S. 146 (1913) in 229 U.S. 146 229 U.S. 149. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=XWM3LMPPTM2YAD3.
MLA: U.S. Supreme Court. "Syllabus." Pedersen v. Delaware, L. & W. R. Co., 229 U.S. 146 (1913), in 229 U.S. 146, page 229 U.S. 149. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XWM3LMPPTM2YAD3.
Harvard: U.S. Supreme Court, 'Syllabus' in Pedersen v. Delaware, L. & W. R. Co., 229 U.S. 146 (1913). cited in 1913, 229 U.S. 146, pp.229 U.S. 149. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=XWM3LMPPTM2YAD3.
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