Minneapolis, St. Paul & Sault Ste. Marie R. Co. v. Borum,
Annotate this Case
286 U.S. 447 (1932)
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U.S. Supreme Court
Minneapolis, St. Paul & Sault Ste. Marie R. Co. v. Borum, 286 U.S. 447 (1932)
Minneapolis, St. Paul & Sault Ste. Marie Railroad Co. v. Borum
Argued April 18, 19, 1932
Decided May 23, 1932
286 U.S. 447
The rule that the term "employee" in the Employers' Liability Act does not embrace one who entered the service of a railroad company by means of a fraudulent imposture in evasion of its health rules, which he was physically unable to pass, held inapplicable to the facts of the present case, where the plaintiff, in applying for employment, falsely gave his age below the age limit set by the rules respecting hiring, but where the actual difference of age had no relation to his physical fitness; where the false representation was not shown to have deceived the company or to constitute under its rules a ground for discharge, and where the plaintiff at the time of his injury had worked for the company seven years and was still well under the age fixed by its rules for retirements. Minneapolis, St.P. & S.S. M. Ry. Co. v. Rock, 279 U. S. 410, distinguished. P. 286 U. S. 451.
184 Minn. 126, 238 N.W. 4, affirmed.
Certiorari, 284 U.S. 615, to review the affirmance of a judgment on an award in an action under the Federal Employers' Liability Act.