ERMIN v. PENNSYLVANIA R. CO.

Civil No. 1119.

36 F.Supp. 936 (1941)

ERMIN v. PENNSYLVANIA R. CO.

District Court, E. D. New York.

January 8, 1941.


Attorney(s) appearing for the Case

John C. Robinson, of New York City (Morris A. Wainger, of New York City, of counsel), for plaintiff.

Burlingham, Veeder, Clark & Hupper, of New York City (G. Hunter Merritt, of New York City, of counsel), for defendant.


MOSCOWITZ, District Judge.

There is one question presented to the Court for its consideration, that is, whether or not plaintiff at the time of the accident, in which he sustained injuries, was engaged in interstate commerce.

The parties have entered into a written stipulation of all the facts, as follows:

"1. The Pennsylvania Railroad Company is and was at the times complained of a common carrier by railroad, at least two-thirds of whose business...

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