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EDWARDS v. PACIFIC FRUIT EXPRESS COMPANY

No. 21020.

378 F.2d 54 (1967)

Elisha EDWARDS, Appellant, v. PACIFIC FRUIT EXPRESS COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

May 10, 1967.

Attorney(s) appearing for the Case

Jack H. Werchick, Arne Werchick, Werchick & Werchick, San Francisco, Cal., for appellant.

Alan C. Furth, John J. Corrigan, Donald O. Roy, Corrigan & Roy, San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

PER CURIAM:

This is an appeal from a district court determination that Pacific Fruit Express Company (P. F. E.) is not a "common carrier by railroad." Appellant, an injured P. F. E. employee, claims that P. F. E. is such a common carrier. At stake is appellant's attempt to proceed under the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq.

P. F. E. is a large refrigerator car company. It owns approximately 25,000 refrigerator cars and carries...

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