United States Supreme Court Cases & Opinions

U.S. Supreme Court

Erie R. Co. v. Welsh, 242 U.S. 303 (1916)

Erie Railroad Company v. Welsh

No. 29

Argued October 25, 1916

Decided December 18, 1916

242 U.S. 303

Syllabus

That a case may be within the federal Employers' Liability Act (c. 149, 35 Stat. 65), it is essential that the person injured be employed at the time of injury in some task of interstate commerce; mere expectation of such employment is not enough. So held where the employee, subject to be employed in either interstate or intrastate commerce as directed by a superior, was injured while in quest of orders, and, but for the injury, would have received orders requiring him immediately to make up an interstate train.

In cases brought here under the federal Employers' Liability Act, the rule obtains that, in the absence of manifest error, this Court will not disturb concurrent findings of state trial and appellate courts that the evidence of employment in interstate commerce was insufficient to go to the jury.

89 Ohio St. 81 affirmed.

The case is stated in the opinion.