Summary
In Trucco v. Erie R. Co., 353 Pa. 320, 45 A.2d 20, claimant, a blacksmith's helper, was engaged in making "strap hangers" used as replacement parts for his employer's locomotives used in interstate commerce. It was held that claimant was engaged in the furtherance of interstate commerce, or in work affecting such commerce directly or closely and substantially, thus precluding a recovery under the state workmen's compensation act, the claimant's exclusive remedy being under the Federal Employers' Liability Act.
Summary of this case from Wills v. Terminal R.R. Assoc. of St. LouisOpinion
November 30, 1945.
January 7, 1946.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Appeal, No. 219, Jan. T., 1945, from judgment of Superior Ct., April T., 1945, No. 135, affirming judgment of C. P., Crawford Co., Misc. Docket, No. 1393A, in case of Guido Trucco v. Erie Railroad Company. Judgment affirmed.
Same case in Superior Court: 157 Pa. Super. 398.
Edward E. Petrillo, for appellant.
E. Lowry Humes, with him Humes Kiebort and Fred C. Kiebort, for appellee.
Argued November 30, 1945.
We have carefully considered the record in this case in the light of the argument made on behalf of appellant, but must agree with the Superior Court that the Amendment of August 11, 1939, c. 685, § 1, 53 Stat. 1404, 45 U.S.C.A. § 51, to the Federal Employer's Liability Act, is controlling and that the Pennsylvania Workmen's Compensation Act is inapplicable.
The judgment is affirmed for the reasons stated by the Superior Court in its opinion reported in 157 Pa. Super. 398, 43 A.2d 626.