MACK, Circuit Judge.
The sole question for determination on this writ of error is whether or not the trial court erred in instructing the jury that the deceased, at the time of his death, was employed in interstate commerce.
Deceased was a brakeman in a shifting crew at defendant's Sharpsburg, Pa., yards. Just prior to the accident, which happened at 9:15 p. m., the engine in charge of this crew had pulled out a car loaded with freight for intrastate delivery...
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