WORKMEN\u27s COMPENSATION - FEDERAL EMPLOYERS\u27 LIABILITY ACT - EMPLOYMENT IN INTERSTATE COMMERCE

Plaintiff was an employee of the Boston Terminal Company, defendant, which owned and operated the South Station in Boston. The general employment of the plaintiff consisted of the handling of mail for both interstate and intrastate transportation. He was ordered to load three mail sacks, which included letters from outside the state but the destination of which was wholly within the state, on a train which traveled entirely within the state. While returning to the mail room after loading the three sacks, the plaintiff was injured when the truck he was driving overturned due to his lack of experience in operating it. Held, that the defendant employer was a common carrier engaged in interstate commerce and the plaintiff employee was engaged in interstate transportation at the time of the injury; therefore, the plaintiff\u27s cause of action arose under the Federal Employers\u27 Liability Act, and, as two years had elapsed since the cause of action arose, judgment should be entered for defendant. McCabe v. Boston Terminal Co., (Mass. 1939) 22 N. E. (2d) 33