Southern Ry. Co. v. Puckett, 244 U.S. 571 (1917)

ERROR TO THE COURT OF APPEALS

OF THE STATE OF GEORGIA

Syllabus

A case arising under the Federal Employers’ Liability Act, as amended April 5, 1910, c. 143, 36 Stat. 291, cannot be removed to the district court upon the ground of diversity of citizenship.

Plaintiff’s injury occurred while he was helping in the task of raising a wrecked car to rescue a fellow employee and, coincidentally, to clear a track for interstate commerce. Held engaged in interstate commerce within the Federal Employers’ Liability Act.

The mere fact that the employee was engaged in interstate commerce when called aside by the event which led to his injury does not stamp his employment at the time of injury as an employment in interstate commerce.

Finding no reason for disturbing the finding of both state courts as to the defendant carrier’s negligence, and no exceptional circumstances being involved, this Court merely announces its conclusion.

16 Ga.App. 551 affirmed.

The case is stated in the opinion.