Southern Pac Co v. Industrial Accident Commission of State of California

Citation64 L.Ed. 258,251 U.S. 259,40 S.Ct. 130,10 A. L. R. 1181
Decision Date05 January 1920
Docket NumberNo. 118,118
PartiesSOUTHERN PAC. CO. v. INDUSTRIAL ACCIDENT COMMISSION OF STATE OF CALIFORNIA et al
CourtUnited States Supreme Court

Messrs. Henley C. Booth and William F. Herrin, both of San Francisco, Cal., for petitioners.

Messrs. Christopher M. Bradley and Warren H. Pillsbury, both of San Francisco, Cal., for respondent.

[Argument of Counsel from pages 260-262 intentionally omitted] Mr. Justice McREYNOLDS delivered the opinion of the Court.

William T. Bulter, husband of responent Mary E. Butler, was killed at Oakland, California, while employed by the Southern Pacific Company as an electric lineman. The Supreme Court of the State affirmed an award rendered by the California Industrial Commission against the company, and the cause is properly here by writ of certiorari.

The fatal accident, which occurred June 21, 1917, arose out of and happened in the course of deceased's employment. He 'received an electric shock while wiping insulators, which caused him to fall from a steel power pole, producing injury which proximately caused his death.' At that time the company a common carrier by railroad, maintained a power house at Fruitvale, California, where it manufactured the electric current which moved its cars engaged in both interstate and intrastate commerce. From the generators this current passed along main lines or cables, through a reduction and transforming station, to the trolley wires, and thence to the motors. When he received the electric shock, deceased was engaged in work on one of the main lines necessary to keep it in serviceable condition. If such work was part of interstate commerce, the Workmen's Compensation Act of the State (St. 1917, p. 831) is inapplicable and the judgment below must be reversed. Otherwise, it must be affirmed. Employers' Liability Act April 22, 1908, ch. 149, 35 Stat. 65 (Comp. St. §§ 8657-8665); New York Central R. R. Co. v. Winfield, 244 U. S. 147, 37 Sup. Ct. 546, 61 L. Ed. 1045, L. R. A. 1918C, 439, Ann. Cas. 1917D, 1139; New York Central R. R. Co. v. Porter, 249 U. S. 168, 39 Sup. Ct. 188, 63 L. Ed. 536.

Generally, when applicability of the federal Employers' Liability Act is uncertain, the character of the employment, in relation to commerce, may be adequately tested by inquiring whether, at the time of the injury, the employe was engaged in work so closely connected with interstate transportation as practically to be a part of it. Pedersen v. Delaware,...

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