United States Supreme Court Cases & Opinions

U.S. Supreme Court

Pedersen v. Delaware, L. & W. R. Co., 229 U.S. 146 (1913)

Pedersen v. Delaware, Lackawanna

& Western Railroad Company

No. 698

Argued January 14, 1913

Decided May 26, 1913

229 U.S. 146

Syllabus

Under the Employers' Liability Act. a right of recovery exist only where the injury is suffered while the carrier is engaged in interstate commerce and while the employee is employed in such commerce, but it is not essential that the co-employee causing the injury be also employed in such commerce.

One engaged in the work of maintaining tracks, bridge, engines, or cars in proper condition after they have become and during their use as instrumentalities of interstate commerce is engaged in interstate commerce, and this even if those instrumentalities are used in both interstate and intrastate commerce.

One carrying materials to be used in repairing an instrumentality of interstate commerce is engaged in such commerce, and so held that a railroad employee carrying bolts to be used in repairing an interstate railroad and who was injured by an interstate train is entitled to sue under the Employers' Liability Act of 1908.

A federal court is without authority to reverse a judgment in favor of one party and direct a judgment in favor of the other non obstante veredicto. Slocum v. New York Life Ins. Co., 228 U. S. 364.

197 F.5d 7 reversed.

The facts, which involve the construction of the Employers' Liability Act of 1908 and the determination of what constitutes being engaged in interstate commerce, are stated in the opinion.

Page 229 U. S. 149