243 U.S. 40
AUGUST BAY, Plff. in Err.,
MERRILL & RING LOGGING COMPANY.
Argued January 30 and 31, 1917.
Decided March 6, 1917.
[243 U.S. 40, 41] Messrs. John T. Casey, George F. Hannan, and Charles R. Pierce for plaintiff in error.
Messrs. E. C. Hughes, Maurice McMicken, Otto B. Rupp, and H. J. Ramsey for defendant in error.
Mr. Chief Justice White delivered the opinion of the court:
This case is controlled by the decision in McCluskey v. Marysville & N. R. Co. just decided ( 243 U.S. 36 , 61 L. ed. 578, 37 Sup. Ct. Rep. 374). As in that case, the suit was brought under the Federal Employers' Liability Act to recover damages for injuries suffered while Bay, the plaintiff in error, was employed by the defendant on its logging railroad. The accident which gave rise to his injuries occurred while he was engaged in loading on a flat car on defendant's timber land, logs which had been cut for carriage on the railroad to tidewater at Puget Sound. The case was tried by the same court which heard the McCluskey Case, there was a directed verdict, for the defendant on the ground that the company was not engaged in interstate or foreign commerce when the accident occurred, and the judgment thereupon entered dismissing the suit was affirmed by the court below on the authority of the McCluskey Case, 136 C. C. A. 277, 220 Fed. 295. [243 U.S. 40, 42] The facts were thus stated by the court below:
As these facts are not substantially different from those presented in the McCluskey Case, it follows that the reasoning and authorities by which the court below sustained its ruling in that case also demonstrate the correctness of its [243 U.S. 40, 43] conclusion that in this case, at the time the injuries were suffered, the defendant was not engaged in interstate or foreign commerce.