No. 78.

315 U.S. 1 (1942)


Supreme Court of United States.

Decided January 12, 1942.

Attorney(s) appearing for the Case

Mr. Harry G. Waltner, Jr., with whom Mr. John Moberly was on the brief, for petitioner.

Mr. John H. Flanigan, with whom Messrs. Thos. J. Cole and Allen McReynolds were on the brief, for respondent.

MR. JUSTICE BLACK delivered the opinion of the Court.

April 10, 1936, petitioner Duncan, while performing duties as respondent's employee, fell from a locomotive and was injured. Since at the time he was working for a "common carrier by railroad" and in interstate commerce, the right to recover damages is governed by the Federal Employers' Liability Act. 35 Stat. 65. Sixteen months later, August 13, 1937, Duncan was still suffering...

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