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KACH v. MONESSEN SOUTHWESTERN RY. CO.

No. 8946.

151 F.2d 400 (1945)

KACH v. MONESSEN SOUTHWESTERN RY. CO.

Circuit Court of Appeals, Third Circuit.

Decided October 23, 1945.

Attorney(s) appearing for the Case

Marvin D. Power, of Pittsburgh, Pa. (Charles J. Margiotti and Margiotti & Casey, all of Pittsburgh, Pa., and W. A. Endle, of Cleveland, Ohio, General Counsel, Brotherhood of Railroad Trainmen, on the brief), for appellant.

P. K. Motheral, of Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., on the brief), for appellee.

Before ALBERT LEE STEPHENS, MARIS and GOODRICH, Circuit Judges.

MARIS, Circuit Judge.

The sole question which this appeal presents is whether the defendant, the Monessen Southwestern Railway Company, is a common carrier by railroad which is engaged in interstate commerce within the meaning of the Federal Employers' Liability Act,1 the Federal Safety Appliance Acts2 and the Boiler Inspection Act.3 In the plaintiff's suit for damages for injuries...

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