WISE v. LEHIGH VALLEY R. CO.

No. 330.

43 F.2d 692 (1930)

WISE v. LEHIGH VALLEY R. CO.

Circuit Court of Appeals, Second Circuit.

July 14, 1930.


Attorney(s) appearing for the Case

Stephen A. Machcinski, of New York City (Edward J. McCrossin, of New York City, of counsel), for appellant.

Alexander & Green, of New York City (H. S. Ogden, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The plaintiff, a brakeman in a switching crew in the Jersey City freightyard of the defendant railroad, was injured, through its alleged negligence, while operating a switch on track No. 5. The sole question raised by this appeal is whether he was at the time engaged in interstate commerce so as to come within the provisions of the Federal Employers' Liability Act (45 USCA §§ 51-59...

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