Comando v. Erie R. Co.

299 F. 1022, 1924 U.S. App. LEXIS 3137

Opinion

PER CURIAM.

This case must be affirmed on the authority of Industrial Commission v. Davis, 259 U. S. 182, 42 Sup. Ct. 489, 66 L. Ed. 888. Giving plaintiff the benefit of the doubt and assuming that there was an expressed, though revocable, intention to return the engine to interstate service at an unknown future time, when the repairs should be finished, we 'think this does not make a substantial distinction between the cases.