Williams v. Southern Pacific Co.

Plaintiff was given judgment for damages under the Federal Employers’ Liability Act (8 Fed. Stats. Ann., 2d ed., pp. 1208, 1339, etc.; IT. S. Comp. Stats., secs. 8657-8665) for the death of her husband, Harry Williams, alleged to have been caused by the negligence of the defendant while the deceased was in the discharge of his duties as brakeman on an interstate train of the defendant company.

Appellant does not contest the implied finding of negligence but earnestly contends that the deceased was not employed in interstaté commerce at the time of the injury resulting in his death. This contention is based on two propositions advanced by the defendant: First, that the evidence conclusively establishes that the train on which the deceased was employed was not an interstate train; secondly, that in a proceeding instituted by the plaintiff, in her individual capacity, against the defendant before the Industrial Accident Commission, it was adjudged that at the time of his death the deceased was employed in intrastate commerce and that such determination is res adjxidicata between the parties to this action.

The injury and resulting death of Harry Williams occurred November 25, 1917.…