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U.S. Supreme Court

Chicago & North Western Railway Co. v. Bolle, 284 U.S. 74 (1931)

Chicago & North Western Railway Co. v. Bolle

No. 60

Argued October 28, 1931

Decided November 23, 1931

284 U.S. 74


1. The test of whether an employee at the time of his injury was engaged in interstate commerce, within the meaning of the Federal Employers' Liability Act, is whether he was engaged in interstate transportation or in work so closely related to such transportation as to be practically a part of it. P. 284 U. S. 78.

2. The plaintiff's employment at the time of the injury was confined to firing a stationary engine (or, as a substitute, a locomotive) chanroblesvirtualawlibrary

Page 284 U. S. 75

to generate steam. The steam was used for heating a depot, a baggage room, and room devoted to general railroad purposes. It was also used for heating suburban coaches while standing in the yards, including some that had been taken off of, and, after heating, were to be carried back by, interstate suburban trains, and for heating a way car and bunk cars converted into stationary structures and occupied by employees in track maintenance and in the bridge and buildings departments, and sometimes it was used to prevent the freezing of a turntable used for turning engines employed in interstate and intrastate traffic. On the occasion in question, he was directed to accompany the substitute locomotive to a place about four miles distant, to obtain coal, and, for that purpose, his engine was attached to and moved with other locomotives then being prepared for use in interstate transportation. While coal was being taken upon one of the locomotives, he was injured. Held not employed in interstate commerce in the sense of the Act. P. 284 U. S. 80.

258 Ill.App. 545 reversed.

Certiorari, 283 U.S. 818, to review a judgment of the appellate court of Illinois which affirmed a recovery for personal injuries in an action under the Federal Employers' Liability Act. The supreme court of the state refused to review the judgment. For earlier stages of the case, see 235 Ill.App. 380; 324 Ill. 479, 155 N.E. 287; 251 Ill.App. 623.

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