New York Central Rd. Co. v. Public Utilities Commission

Ohio Supreme Court

New York Central Rd. Co. v. Public Utilities Commission

160 Ohio St. (N.S.) 236

CourtOhio Supreme Court

DecidedNovember 18, 1953

DocketNo. 33446

StatusPublished

This text of 160 Ohio St. (N.S.) 236 (New York Central Rd. Co. v. Public Utilities Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York Central Rd. Co. v. Public Utilities Commission, 160 Ohio St. (N.S.) 236 (Ohio 1953).

Pincite

Opinion

Per Curiam.

The portion of the order complained of is that requiring appellant to discontinue the practice of moving a freight train on a main track with less than a full crew.

The purpose of the “full crew” statute, former Section 12556, General Code, is to. protect railroad employees and passengers. The interpretation of the section that all five crew members are required to be aboard a through train whenever moving on a main track fails to recognize the duties of a flagman or rear brakeman which require him, at times, to be on the [239]*239ground in the interest of safety and to remain behind to protect his train and a following train against collision or derailment from any defective tracks.

Appellant’s practice of occasionally permitting a through freight train to enter onto a main track from a passing siding and to move on the main track with one engineer, one fireman, one conductor and one brakeman aboard, leaving the second brakeman behind, is not a violation of that statute. The portion of the order complained of, being unreasonable and unlawful, is reversed.

Judgment accordingly.

Middleton, Taft, Haet, Zimmeeman and Stewart, JJ., concur. Weygandt, C. J.-, and Lamneck, J., not participating.

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Per Curiam.

The portion of the order complained of is that requiring appellant to discontinue the practice of moving a freight train on a main track with less than a full crew.

The purpose of the “full crew” statute, former Section 12556, General Code, is to. protect railroad employees and passengers. The interpretation of the section that all five crew members are required to be aboard a through train whenever moving on a main track fails to recognize the duties of a flagman or rear brakeman which require him, at times, to be on the [239]*239ground in the interest of safety and to remain behind to protect his train and a following train against collision or derailment from any defective tracks.

Appellant’s practice of occasionally permitting a through freight train to enter onto a main track from a passing siding and to move on the main track with one engineer, one fireman, one conductor and one brakeman aboard, leaving the second brakeman behind, is not a violation of that statute. The portion of the order complained of, being unreasonable and unlawful, is reversed.

Judgment accordingly.

Middleton, Taft, Haet, Zimmeeman and Stewart, JJ., concur. Weygandt, C. J.-, and Lamneck, J., not participating.

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Bluebook (online)

160 Ohio St. (N.S.) 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-central-rd-co-v-public-utilities-commission-ohio-1953.