Joseph McKenna

“ A rather abrupt transition it would seem at first blush, and, if of determining influence, would subject the Employers' Liability Act to rapid changes of application, plaintiff being within it at one point of time and without it at another—within it when on the signal tower, but without it when in the pump house, though in both places being concerned with trains engaged in interstate commerce. ”

“ The evidence presents very few matters of controversy. It establishes the employment of plaintiff by defendant, and its character, and presents the question whether it was in interstate commerce or intrastate commerce, in both of which, it is stipulated, defendant was engaged. And on this question the courts below decided the employment was in interstate commerce though exhibiting some struggle with opposing considerations. ”

“ They say that 'mental pain' of the designated character, 'the suffering from feelings, is intangible, incapable of test or trial,' might vary in individuals, 'rests entirely in the belief of the sufferer, and is not susceptible of contradiction or rebuttal.' If all that be granted, it was for the consideration of the jury. ”