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SOUTHERN PACIFIC CO. V. GILEO, 351 U. S. 493 (1956)

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U.S. Supreme Court

Southern Pacific Co. v. Gileo, 351 U.S. 493 (1956)

Southern Pacific Co. v. Gileo

No. 257

Argued May 1, 1956

Decided June 11, 1956

351 U.S. 493

Syllabus

1. An employee of an interstate railroad who is injured while engaged in building new cars which are to be used by the railroad and its subsidiary in interstate commerce is within the coverage and entitled to the benefits of the Federal Employers' Liability Act, as amended in 1939. Pp. 351 U. S. 496-500.

(a) Under the 1939 amendment of § 1 of the Act, the test of coverage is whether any part of the employee's duties as a railroad employee furthers interstate commerce or in any way directly or closely and substantially affects such commerce -- not whether the employee is engaged in "new construction." Pp. 351 U. S. 498-499.

2. An employee of an interstate railroad who was employed as a wheel molder in the railroad's wheel foundry, where worn wheels are sent from the railroad's lines for remolding and eventual return to the railroad's rolling stock, is within the coverage and entitled to the benefits of the Federal Employers' Liability Act, as amended in 1939. P. 351 U. S. 500.

3. An employee of an interstate railroad who was injured while laying rails in a retarder yard, which the railroad was constructing for the purpose of facilitating the movement of freight trains in interstate commerce and which was opened to interstate traffic four months after the employee was injured, is within the coverage and entitled to the benefits of the Federal Employers' Liability Act, as amended in 1939. Pp. 351 U. S. 500-501.

4. A decision of the Supreme Court of California in a case under the Federal Employers' Liability Act, the effect of which is to remand the case to the trial court, where the issues of negligence and damages remain to be tried, is not a final judgment reviewable by this Court under 28 U.S.C. § 1257. Pp. 351 U. S. 495-496.

44 Cal. 2d 539, 543, 547, 282 P. 2d 872, 875, 877, affirmed.

44 Cal. 2d 881, 882, 282 P. 2d 879, 880, certiorari dismissed. chanroblesvirtualawlibrary

Page 351 U. S. 494





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