PHILADELPHIA & READING RY. CO. V. POLK, 256 U. S. 332 (1921)

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U.S. Supreme Court

Philadelphia & Reading Ry. Co. v. Polk, 256 U.S. 332 (1921)

Philadelphia & Reading Railway Company v. Polk

No 298

Argued April 28, 1921

Decided May 16, 1921

256 U.S. 332


In a proceeding under a state workmen's compensation law to recover for the death of a railroad employee, findings that, when injured, he was employed as a member of a crew in charge of a draft of freight cars attached to an engine in a yard and containing both interstate and intrastate cars and freight establish his employment in interstate commerce; a special relation to the intrastate commerce which would have rendered his employment intrastate cannot be presumed, but must be proven by the actor in the proceeding. Philadelphia & Reading Ry. Co. v. Di Donato, ante, 256 U. S. 327. P. 256 U. S. 333.

266 Pa.St. 335 reversed.

The case is stated in the opinion.

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