ONLEY v. LEHIGH VALLEY R. CO.

No. 81.

36 F.2d 705 (1929)

ONLEY v. LEHIGH VALLEY R. CO.

Circuit Court of Appeals, Second Circuit.

December 9, 1929.


Attorney(s) appearing for the Case

Sansone & Gelb and Sol Gelb, all of New York City, for plaintiff.

Alexander & Green, of New York City (Clifton P. Williamson and H. S. Ogden, both of New York City, of counsel), for defendant-appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

Bearing in mind that the plaintiff has the burden of showing that he was engaged in interstate commerce when injured, we find him doing work which itself sheds no light whatever upon the question to be decided. Testing a fire hose on an engine might be employment either in interstate commerce or intrastate commerce, depending upon whether it was so related definitely to one or the other that it formed a part...

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