Minneapolis & St. Louis R. Co. v. Winters,
242 U.S. 353 (1917)

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U.S. Supreme Court

Minneapolis & St. Louis R. Co. v. Winters, 242 U.S. 353 (1917)

Minneapolis & St. Louis Railroad Company v. Winters

No. 420

Argued December 5, 1916

Decided January 8, 1917

242 U.S. 353


When a state court applies the Federal Employers' Liability Act to an action governed by the state law, the error is not ground for reversing the judgment upon the complaint of a party who did not oppose, but invoked and relied upon, the application of the federal statute.

In such circumstances, however, this Court will not pass upon questions concerning negligence and assumption of risk if the facts touching the plaintiff's employment are stated and agreed, and fail to make a case within the federal act.

The injury occurred while plaintiff was repairing an engine. The

Page 242 U. S. 354

engine had been used in interstate commerce before the injury and was so used afterwards, but there was nothing to show that it was permanently or specially devoted to such commerce, or assigned to it at the time. Held, not a case within the Federal Employers' Liability Act.

131 Minn. 181; id., 496, affirmed.

The case is stated in the opinion.

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