Sherman Minton

“ The 'moment of injury' and 'new construction' doctrines were the source of much confusion to the railroads, their employees and the courts, with the result that the reports were replete with decisions drawing very fine distinctions in determining whether an employee was engaged in interstate commerce within the contemplation of the Act so as to entitle him to bring suit for damages thereunder for injuries incurred while in the carrier's employ. ”

“ Rather, the crucial question is whether any part of Gileo's duties as a railroad employee furthers interstate commerce or in any way directly or closely and substantially affects such commerce.
Petitioner is engaged in the manufacture of its own railroad cars for use in performing its transportation function in interstate commerce. Such new construction is an integral element in the carrier's total operations, and it follows that workmen employed to build these new cars perform duties which are in 'furtherance' of interstate commerce. ”

“ Therefore, in determining whether respondent Gileo is entitled to the benefits of the F.E.L.A., the pertinent inquiry is not whether 'new construction' is interstate commerce under the test of Raymond and White. ”