Raymond

The plaintiff in error in his complaint in the court below alleged that he was an employé of the defendant in error, and was engaged in the work of driving a tunnel to improve and better the roadbed on the defendant’s main railroad line, so as to facilitate and make less difficult and expensive and more easy to secure expeditious and efficient operation of freight and passenger trains on the defendant’s line, in the carriage of freight and passengers in interstate commerce. From tire pleadings it appeared that the tunnel when completed would be about 14,000 feet in length, and that the plaintiff was engaged therein as a common laborer with a pick and shovel, the tunnel being intended to shorten the line which at the time ran over the mountain through which the tunnel was located. The defendant in error filed a motion for a judgment on the pleadings, on the ground that it affirmatively appeared therefrom that the complaint was based upon the federal Employers’ Liability Act, that at the time when he was injured the plaintiff was not employed or engaged in interstate commerce, so as to bring his services within the terms’of the act, and on the further ground that the court was…