Kinzell v. Chicago, M. & St. P. Ry. Co., 250 U.S. 130 (1919)
U.S. Supreme CourtKinzell v. Chicago, M. & St. P. Ry. Co., 250 U.S. 130 (1919)
Kinzell v. Chicago, Milwaukee & St. Paul Railway Company
Argued April 15, 1919
Decided May 19, 1919
250 U.S. 130
In the progress of filling in earth to replace a railroad trestle used in interstate commerce, the earth as dumped attained a level higher than the rail on the trestle, and, to keep the track open for traffic as well as to widen the embankment, the earth was spread away by scrapers adjusted to a car attached for the purpose to the dump train. Held that an employee in charge of the car, and employed also in removing earth and stones from between the rails, was employed in interstate commerce within the meaning of the Employers' Liability Act.
31 Idaho 365 reversed.
The case is stated in the opinion.