224 N.W. 247 | Minn. | 1929
1. The question of interstate commerce became, upon the record, a question of fact; and there is ample evidence to support the finding of the jury sustaining defendant's contention that at the time of the injury the parties were not engaged in interstate commerce. This finding eliminated a possible recovery under the federal employers liability act, which if applicable would prevent the operation of the Wisconsin workmen's compensation act.
2. It is clear that the employer and employe, at the time of the alleged injury, were subject to and within the terms of the Wisconsin workmen's compensation act. It follows that the act, as between the two, provided the exclusive remedy. Wis. St. 1925, §
3. Plaintiff seeks to avoid the operation of the compensation act by virtue of §
4. Plaintiff attempts to invoke what is known as the Wisconsin railroad liability act. Wis. St. 1911, § 1816. But this statute was not pleaded and not proved. The mere fact that the trial court mentioned this statute in a memorandum and suggested that it had been superseded by the compensation act and citing Salus v. G. N. Ry. Co.
The other assignments of error are unimportant.
Affirmed.