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HETMAN v. FRUIT GROWERS EXPRESS COMPANY

No. 14814.

346 F.2d 947 (1965)

Margaret HETMAN, as Administratrix ad Prosequendum and as Administratrix of the Goods and Chattels, Rights and Credits which Were of Stephen Hetman, Deceased, Appellant, v. FRUIT GROWERS EXPRESS COMPANY, v. RUBEL CORPORATION (Third-Party Defendant).

United States Court of Appeals Third Circuit.

Decided June 15, 1965.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Samuel Cole, Jersey City, N. J., on the brief), for appellant.

William L. Dill, Jr., Stryker, Tams & Dill, Newark, N. J., for appellee-Fruit Growers Express Co.

William L. Dill, Jr., and James T. Clare, Newark, N. J., of counsel, Stryker, Tams & Dill, Newark, N. J., for defendant-respondent.

Before BIGGS, Chief Judge, and KALODNER and SMITH, Circuit Judges.

KALODNER, Circuit Judge.

Is the defendant, Fruit Growers Express Company, a "common carrier by railroad" within the meaning of the Federal Employers' Liability Act ("Act")?1

If it is, was the plaintiff's decedent, Stephen Hetman, its "employee" within the meaning of the Act at the time he sustained the injuries which led to this action?2

The District Court answered these questions in the negative...

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