Southern Pacific Co. v. Industrial Acc. Com.

The petitioner seeks to review an award of the respondent, Industrial Accident Commission, in favor of the widow and children of James Morton, deceased, made under the terms of the Workmen’s Compensation Act of California (Stats. 1913, p. 279). The only question here involved is whether or not the respondent has júrisdiction to make an award or whether the liability of the petitioner is to be determined by the courts in accordance with the provisions of the Federal Employers’ Liability Act (Act Cong. April 22, 1908, c. 149, 35 Stat. 65 , [U. S. Comp. Stats. 1916, secs. 8657-8665; 8 Fed Stats. Ann. 2d ed., p. 1208]). This depends upon whether the deceased when killed was engaged in interstate commerce.

The deceased was a member of the repair gang employed by petitioner to make light repairs upon cars side-tracked and detained upon side-tracks reserved respectively for inbound or outbound freight traffic in the Bay Shore Freight Yards of petitioner. Such detention on said tracks was in part for the purpose of inspecting the cars to ascertain defects therein and to make such light repairs thereof as were thereby found necessary, in order that the cars might proceed to their…