Edwards v. Pacific Fruit Express Company

United States Supreme Court

390 U.S. 538

Edwards  v.  Pacific Fruit Express Co.

Certiorari to the United States Court of Appeals for the Ninth Circuit

No. 465.  Argued: March 14, 1968 --- Decided: April 8, 1968

Petitioner, an employee of respondent company which owns, maintains, and leases refrigerator cars to railroads, was injured and brought this action against respondent charging it was a "common carrier by railroad" and liable for damages under the Federal Employers' Liability Act. The District Court granted respondent's motion for summary judgment and the Court of Appeals affirmed.

Held: In light of the legislative history, consistent judicial decisions holding refrigerator car companies not common carriers by railroad, and the administration of the Act for 60 years, such companies are not within the coverage of the Act. Pp. 539-543.

378 F. 2d 54, affirmed.

Arne Werchick argued the cause for petitioner. With him on the briefs was David S. Levinson.

John J. Corrigan argued the cause for respondent. With him on the brief was Donald O. Roy.

Clifton Hildebrand filed a brief for the Brotherhood of Railway Carmen of America et al., as amici curiae, urging reversal.

Notes