Smith v. Interurban Railway Co.

186 Iowa 1045
CourtSupreme Court of Iowa
DecidedMarch 18, 1919
StatusPublished
Cited by4 cases

This text of 186 Iowa 1045 (Smith v. Interurban Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Interurban Railway Co., 186 Iowa 1045 (iowa 1919).

Opinion

Stevens, J.

The defendant Interurban Railway Company is a corporation organized under the laws of the state of Iowa, owning and operating a line of railway from Des Moines to Perry and Colfax,- Iowa. On the evening of January 28, 1917, plaintiff’s intestate left Des Moines, in charge of one of defendant’s freight trains, for Perry. The train included one car and some articles of interstate commerce, all of which were delivered to the consignees at Perry. A new train was made up for the return trip, and included one car billed from Perry, Iowa, by way of the Minneapolis & St. Louis Railroad to St. Paul, Minnesota. Upon arrival at Des Moines, early the following morning, this car was placed on the transfer track of the Minneapolis & St. Louis Railway Company, and the train, in charge of deceased, proceeded to the yards of defendant, where it was placed on a siding, and the motor and caboose uncoupled therefrom. The motor, with caboose attached, then proceeded to the yard office of defendant, where deceased boarded the caboose, and signaled the motorman to proceed to place the motor in the barn, and the car on a siding. At some point between the yard office and the barn, the conductor fell from the platform of the caboose, and was fatally injured.

Proceedings were begun in the name of plaintiff, who is the surviving widow of deceased, under the Workmen’s Compensation Act; and, by stipulation of the parties, the same was submitted to the industrial commissioner, without arbitration, who found that deceased, at the time of the -accident,- was not engaged in interstate commerce, and was entitled to compensation. Upon appeal to the district court, this finding was reversed, and claimant now appeals. The only question argued by counsel is whether deceased, at the time of his death, was engaged in interstate commerce.

[1047]*1047I. As indicated, the lines of defendant Interurban Bailway Company were confined wholly within the state, and it engaged in interstate commerce only when handling cars or packages received from outside* the state, or destined to points beyond the state line. To what extent its traffic consisted of interstate shipments, the record does not disclose. It is conceded by appellant that deceased, from the time the train left Perry until the delivery of the interstate car to the transfer track of the Minneapolis Company, was engaged in interstate commerce, so that, unless there was some intervening service not directly or immediately connected with interstate commerce, so as substantially to form a part or necessary incident thereof, plaintiff cannot recover.

Numerous decisions of the Supreme Court of the United States are cited and relied upon by both parties. The court, in North Carolina, R. Co. v. Zachary, 232 U. S. 248, which involved the question of the railway company’s liability for the death of an engineer, who had prepared his engine for the movement of a train of cars destined for transportation beyond the state line from one point to another within the state, who was struck by another engine and fatally injured, while returning from a hotel where he had gone for lunch, said:

“It is argued that because, so far as appears, deceased had not previously participated in any movement of interstate freight, and the through cars had not as yet been attached to his engine, his employment in interstate commerce was still in futuro. It seems to us, however, that his acts in inspecting, oiling, firing, and preparing his engine for the trip to Selma were acts performed as a part of interstate commerce, and the circumstance that the interstate freight cars had not as yet been coupled up is legally insignificant.”

[1048]*1048In New York C. & H. R. R. Co. v. Carr, 238 U. S. 260, the court said:

“The plaintiff was a brakeman on an interstate train. As such, it was a part of his duty to assist in the switching, backing, and uncoupling of the two cars, so that they might be left on a siding, in order that the interstate train might •proceed on its journey. In performing this duty, it was necessary to set the brake of the car still • attached to the interstate engine, so that, when uncoupled, the latter might return to the interstate train and proceed with it, with Carr and the other interstate employees, on its interstate journey. * * * Each case must be decided in the light of the particular facts, with a view of determining whether, at tbe time of the injury, the employee is engaged in interstate business, or in an act which is so directly and immediately connected with such business as substantially to form a part or a necessary incident thereof. Under these principles, the plaintiff is to be treated as having been employed in interstate commerce at the time of his injury.”

The facts in Erie R. Co. v. Winfield, 244 U. S. 170. were, in substance, as follows: Deceased was employed as a switchman in the company’s yards at Croxton, New Jersey. His duties involved the movement of both interstate and intrastate goods. He was injured while leaving the yards, at the close of his day’s work. The court held he was employed in interstate commerce, saying:

“In leaving the carrier’s yard, at the close of his day’s work, the deceased was but discharging a duty of his employment. * * * Like his trip throug'h the yard to his engine in the morning, it was a necessary incident of his day’s work, and partook of the character of that work as a whole; for it was no more an incident of one part than of another. His day’s work was in both interstate and intrastate commerce, and so, when he was leaving the yard at the time of the injury, his employment was in both. That [1049]*1049he was employed in interstate commerce is, therefore, plain, and that his employment also extended to intrastate commerce is, for present purposes, of no importance.”

A fireman employed by an interstate railway company, who was killed while aiding- in the movement of several cars loaded exclusively with intrastate freight between two points in the same state, was held in Illinois Cent. R. Co. v. Behrens, 233 U. S. 473, not engaged in interstate commerce. The court said:

“Here, at the time of the fatal injury, the intestate ivas engaged in moving- several cars; all loaded with intrastate freight, from one part of the city to another. That was not a service in interstate commerce, and so .the injury and resulting death were not within the statute. That he was expected, upon the completion of that task, to engage in another, which would have been a part of interstate commerce, is immaterial, under the statute; for, by its terms, the true test is the nature of the work being done at the time of the injury.”

See, also, Chicago, B. & Q. R. Co. v. Harrington, 241 U. S. 177. The facts in Erie R. Co. v. Welsh, 242 U. S. 303, are somewhat similar to the facts in the case at bar.

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Bluebook (online)
186 Iowa 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-interurban-railway-co-iowa-1919.