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FERGUSON v. PHILADELPHIA TRANSP. CO.

Nos. 10990, 10991.

205 F.2d 520 (1953)

FERGUSON v. PHILADELPHIA TRANSP. CO. FELLERS v. PHILADELPHIA TRANSP. CO.

United States Court of Appeals, Third Circuit.

Decided June 4, 1953.

Attorney(s) appearing for the Case

Alan Kahn, Philadelphia, Pa. (B. Nathaniel Richter, Richter, Lord & Farage, Philadelphia, Pa., on the brief), for appellants.

J. B. H. Carter, Philadelphia, Pa. (Jay B. Leopold, Philadelphia, Pa., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, STALEY and HASTIE, Circuit Judges.

PER CURIAM.

The question raised on these appeals is whether the Philadelphia Transportation Company is a "common carrier by railroad" within the purview of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. We agree with the district court, for the reasons stated in the opinion filed by Judge Ganey, 113 F.Supp. 275, that the company is not a railroad within the meaning of the act but is rather a street railway...

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