Aranda v. Southern Pacific Co.

GIBSON, C. J.

Plaintiff brought this action under the Federal Employers’ Liability Act, seeking recovery for injuries sustained while working as a molder of freight car wheels in a foundry operated by defendant railroad company. He set forth three causes of action in his complaint, alleging that his injuries resulted, first, from negligent' operation of a crane, second, from negligent maintenance of the crane, and, third, from failure to provide him with a safe place to work. The court, sitting without a jury, determined that the federal act was applicable, and the ease then proceeded to trial before a jury on the other issues. A verdict was returned for plaintiff, and judgment was entered accordingly. Defendant appeals, contending that the federal act was not applicable and that there was not sufficient evidence to warrant submission to the jury of the issues raised by the third cause of action.

Applicability of the Federal Employers’ Liability Act depends on whether plaintiff’s duties were in the furtherance of interstate commerce or affected it “in any way directly or closely and substantially.”

(Gileo

v.

Southern Pac. Co., ante,

p. 539 [282 P.2d 872]; 45 U.S.C.A. § 51.) The freight car wheels which he molded were manufactured in accordance with annual orders from defendant’s store department. Although the amount of production varied according to current demand, the wheels were not made for particular railroad cars and were taken, when completed, to defendant’s storehouse. A few were sold to other companies, but almost all were sold to the Southern Pacific Equipment Company, a subsidiary of defendant, for construction of new cars or were used by defendant for maintenance purposes, including replacement of wheels on cars which defendant al-’ ready operated in interstate commerce.

[545]

Federal coverage has been extended to employees injured while performing duties similar to those involved here.

(Shelton

v.

Thomson,