287 Mass. 56 | Mass. | 1934
The plaintiff in this action of tort seeks to recover compensation for personal injuries received in April, 1929, while in the employ of the defendant and alleged to have been caused by the negligence of the defendant acting through its agents. The pleading sets out an action at common law and not under the Federal employers’ liability act. Dewing v. New York Central Railroad, 281 Mass. 351, 352. There was testimony tending to show these facts: The plaintiff, about thirty-two years of age, had been working for about six months for the defendant in its baggage room in the North Station in Boston. The kind of work he did was handling the baggage, trunks, mail, cans of milk, and everything that came in crates, some going in the State and some out of the State. He loaded small trucks with articles of this description, brought them to the trains, and put them into the cars. He had always been supplied with help, when he had a heavy shipment, to put it on the train. On the occasion in question he had to load nine milk cans, each about two feet in height, eighteen inches broad, containing forty quarts and weighing about one hundred pounds. Although he requested a helper, none was furnished him,
The question to be decided is whether the plaintiff in respect to his injury was within the scope of the Federal employers’ liability act concerning interstate commerce. 35 U. S. Sts. at Large, 65, c. 149; 36 U. S. Sts. at Large, 291, c. 143. Interstate commerce is not used in that act-with any narrow or technical meaning but in a practical sense. The true “test of employment in such commerce in the sense intended is, was the employé at the time of the injury engaged in interstate transportation or in work so closely related to it as to be practically a part of it.” Shanks v. Delaware, Lackawanna & Western Railroad, 239 U. S. 556, 558. In New York Central & Hudson
It is manifest, in view of the nature of the principles thus authoritatively laid down by the Supreme Court of the United States, that the decision of each case must depend in no small measure upon its particular facts.
Several cases have arisen in courts of other States more or less close in their facts to the case at bar. In Vaught v. East Tennessee & Western North Carolina Railway, 148 Tenn. 379, the defendant operated an interstate railway. The plaintiff was employed by the defendant at its freight station as a truck handler, his duty being to load and unload cars. At the time of his injury the plaintiff was loading an iptrastate shipment onto an. interstate train which was carrying both interstate and intrastate freight. It was held that the plaintiff was engaged in interstate commerce and must seek his remedy under the Federal act. In Carberry v. Delaware, Lackawanna & Western Railroad, 93 N. J. L. 414, the employee was a baggage agent employed by the defendant. He met all trains and received and delivered baggage. At the time of the injury the employee had met an interstate train and received and delivered papers and letters. It did not appear that any of the articles were consigned or came from outside the State. It was held that the employee was engaged in interstate commerce.' It was part of his duty to meet interstate trains and transact necessary interstate business. “It cannot be said that he was engaged in intrastate commerce, for the instant he might be receiving a piece of intrastate baggage and changed to interstate commerce with the next piece.” In Johnston v. Chicago & Northwestern Railway, 208 Iowa, 202, the plaintiff was employed to do a variety of work around the station, including loading and unloading freight. He was injured while unloading intrastate freight
The plaintiff in the case at bar in general was engaged in the course of his employment in handling baggage and freight for both interstate and intrastate transportation. He was at the moment of his injury loading an intrastate shipment upon an interstate train. That train could not begin its journey in interstate transportation until the shipment in charge of the plaintiff was on board. These circumstances in bur opinion rendered his work at the time of his injury so closely related to interstate transportation “as to be practically a part of it.” This cpnclusion seems
In accordance with the terms of the report the entry may be
Judgment for defendant.