Morrison v. Chicago, Milwaukee & St. Paul Railway Co.

Holcomb, J.

(dissenting) — I dissent. It is apparent to me that the handling of materials necessary to be used for the permanent maintenance of an interstate commerce railroad, as was the case here, by the employees regularly engaged in that work, was an act of interstate commerce, or in furtherance thereof, and therefore assuredly controlled by the Federal employers’ liability act and the Pedersen case.