United States Supreme Court Cases & Opinions

U.S. Supreme Court

Industrial Acc. Comm'n v. Davis, 259 U.S. 182 (1922)

Industrial Accident Commission v. Davis

No. 224

Submitted April 28, 1922

Decided May 29, 1922

259 U.S. 182

Syllabus

An engine was sent from exclusive employment in interstate commerce to the general repair shop of the railway company, December 19th, for general overhauling, the repairs, which involved partial dismantling, were completed on the 25th of the following February, and the engine, after a trial, was returned to service, in interstate commerce a week later. Held that an employee, injured

Page 259 U. S. 183

in the work on February 1st, was not then employed in interstate commerce, and that his action for the injury was under the state law, and not the Federal Employers' Liability Act. P. 259 U. S. 185. Shanks v. Delaware, Lackawanna & Western R. Co., 239 U. S. 556.

50 Cal.App. 161 reversed.

Certiorari to a judgment of the court below reversing, for want of jurisdiction, an award of compensation for personal injuries, made by the petitioner Commission in favor of the petitioner Burton against the respondent.