II. Coverage-Continued

E. Elective compensation plan..

F. Incidentalness of injuries..

1. One occupation incidental to another.

a. Desk or clerical work...

b. Traveling salesmanship..

c. Waitress in munition plant restaurant..

2. Subsidiary or adjunctive work...

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81

82

82

82

83

84

84

I. Farm laborers...

J. Domestic servants.

K. Fault..

1. Negligence.

24. Bite by dog...

25. Fright from fire alarm..

26. Repairing machinery.

27. Experimenting with machine.

28. Errand for employer...

29. Taking superintendent home.

30. Taking co-employee to his breakfast.

32. Delivering telephone message.

G. Pecuniary gain...

H. Employer, stockholder or officer acting as employee..

134

135

135

135

136

136

136

137

139

139

140

144

146

150

151

151

2. Willful intention to injure.

3. Intoxication.....

4. Taking oneself out of the employment.

5. Violation of rules or orders.

152

152

155

156

6. Violation of law....

160

t. Skin and subjacent tissues; anthrax; erysipelas; Ludwig's

II. Coverage-Continued

P. Interstate and intrastate commerce.

1. Scope of the Federal Employers' Liability Act..
2. Cases determined to be in interstate commerce.
a. Shoveling snow between track and platform.
b. Making repairs to locomotive at roundhouse.
c. Cleaning boiler of power plant. . . . .
d. Cleaning car routed on interstate journey.
e. Watching cargo from without State...
f. Switching interstate cargo to consignee's siding..

3. Cases determined to be in intrastate commerce..

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226 226 226

226

227

228

230

231

232

232

a. Cutting and removing grass from rights of way..
b. Cleaning passenger yard and caring for switch lamps..
c. Operating coal chute for supply of locomotives.
d. Making repairs on locomotive at roundhouse...

232

236

236

236

e. Working in car shop upon car loaded with cargo from without State..

237

237

238

239

239

f. Ripping a plank in a railroad shop....

g. Repairing car not regularly used in interstate traffic. h. Towing barges upon navigable waters of the State. 4. Federal Safety Appliance Act not enforceable in New York........... 5. Burden of proof that accident has occurred in interstate commerce. 242

Q. Admiralty or maritime jurisdiction.....

1. Accidents occurring prior to October 6, 1917..

2. Resort to common law or admiralty remedy upon discontinuance of compensation payments...

243

243

244

3. Accidents occurring between October 6, 1917, and April 17, 1918 245 4. Constitutionality of the Congressional Act of October 6, 1917.. 246 5. Resort to compensation remedy under the Congressional Act of October 6, 1917.....

6. Exclusiveness of the Workmen's Compensation Law under the Congressional Act of October 6, 1917..

7. Death on shore not the test of jurisdiction in admiralty.

I. CONSTITUTIONALITY

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