SULLIVAN v. WABASH RY. CO.

No. 4881.

23 F.2d 323 (1928)

SULLIVAN v. WABASH RY. CO.

Circuit Court of Appeals, Sixth Circuit.

January 4, 1928.


Attorney(s) appearing for the Case

John Ruffalo, of Youngstown, Ohio (Ruffalo, Wall & Ambrose, of Youngstown, Ohio, on the brief), for plaintiff in error.

Gustavus Ohlinger, of Toledo, Ohio (Smith, Beckwith, Ohlinger & Froehlich, of Toledo, Ohio, on the brief), for defendant in error.

Before DENISON, MACK, and MOORMAN, Circuit Judges.


MACK, Circuit Judge.

The single question involved is whether, under the undisputed facts, the trial judge erred in dismissing the case for want of jurisdiction, because plaintiff at time of the injuries was not engaged in interstate commerce, or in work so closely related to it as to be practically a part of it, and therefore could not properly sue under the Federal Employers' Liability Act of 1908 (45 USCA §§ 51-59; Comp. St. §§ 8657-8665).

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