Connelly v. Michigan Central Railroad, 207 Ill. App. 25 (1917)

June 11, 1917 · Illinois Appellate Court · Gen. No. 22,895

207 Ill. App. 25

Michael Connelly, Appellee, v. Michigan Central Railroad Company, Appellant.

Gen. No. 22,895.

(Not to be reported in full.)

Abstract of the Decision.

1. Commerce, § 4 ^* — when railroad employee is engaged in interstate commerce. A checker employed by a railroad company is engaged in interstate commerce when checking freight out of a car which had been loaded in another State and brought therefrom into Illinois by such company.

Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Torrison, Judge, presiding. Heard in this court at the October term, 1916.

Reversed.

Opinion filed June 11, 1917.

Statement of the Case.

Proceeding under Workmen’s Compensation Act by Michael Connelly, plaintiff, against the Michigan Central Eailroad Company, a corporation, defendant, to recover compensation for personal injuries. From a judgment of the Circuit Court awarding compensation, defendant appeals.

Winston, Payne, Strawn & Shaw, for appellant; Leslie M. O’Connor and J. Sidney Condit, of counsel.

No appearance for appellee.

* See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

* See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Holdom

delivered the opinion of the court.

2. Commerce, § 4 ^* — when railroad is engaged in interstate commerce. A railroad company engaged in hauling freight from a point in one State to a point in another State is engaged in interstate commerce.

3. Workmen’s Compensation Act, § 4* — where remedy of employee is not under. Under section 2 of the Workmen’s Compensation Act (J. & A. 5450), the remedy of an employee injured while engaged in interstate commerce, and while in the employ of a carrier by land engaged in interstate commerce, is under the Federal Employers’ Liability Act and not under the Workmen’s Compensation Act of 1911.