Chicago Co v. Industrial Commission of Illinois, No. 79

CourtUnited States Supreme Court
Writing for the CourtSUTHERLAND
Citation77 A.L.R. 1367,284 U.S. 296,76 L.Ed. 304,52 S.Ct. 151
Docket NumberNo. 79
Decision Date04 January 1932
PartiesCHICAGO & E. I. R. CO. v. INDUSTRIAL COMMISSION OF ILLINOIS et al

284 U.S. 296
52 S.Ct. 151
76 L.Ed. 304
CHICAGO & E. I. R. CO.

v.

INDUSTRIAL COMMISSION OF ILLINOIS et al.

No. 79.
Argued Dec. 1, 1931.
Decided Jan. 4, 1932.

Messrs. Edward W. Rawlins, of Chicago, Ill., and Thomas P. Littlepage, of Washington, D. C., for petitioner.

Page 297

Mr. Samuel E. Hirsch, of Chicago, Ill., for respondents.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

Thomas, an employee of the railroad company, in attempting to oil an electric motor while it was running, was injured by having his hand caught in the gears. The railroad was engaged in both intrastate and interstate commerce. The motor furnished power for hoisting coal into a chute, to be taken therefrom by, and for the use of, locomotive engines principally employed in the movement of interstate freight. An action was brought before the Industrial Commission of Illinois to recover compensation for the injury under the provisions of the Workmen's Compensation Act of Illinois (Smith-Hurd Rev. St. 1931, c. 48, §§ 138-172).

The railroad company contended, and an arbitrator, appointed by the commission, found, that the work in which Thomas was engaged was in interstate commerce, that the case therefore was not within the state act, and the commission was without jurisdiction. The commission, on review, held otherwise, and awarded compensation aggregating $2,184.64. The court below affirmed the award upon a writ of certiorari authorized by state statute. The state Supreme Court, in the exercise of its discretion, declined to review the judgment; and the case is

Page 298

properly here on certiorari to the state circuit court. Amer. Ry. Exp. Co. v. Levee, 263 U. S. 19, 20, 44 S. Ct. 11, 68 L. Ed. 140; West. Un. Tel. Co. v. Crovo, 220 U. S. 364, 366, 31 S. Ct. 399, 55 L. Ed. 498.

The contention that Thomas was employed in interstate commerce at the time of the injury rests upon the decisions of this court in Erie R. R. Co. v. Collins, 253 U. S. 77, 40 S. Ct. 450, 64 L. Ed. 790, and Erie R. R. Co. v. Szary, 253 U. S. 86, 40 S. Ct. 454, 64 L. Ed. 794. In the Collins Case, the employee, at the time of his injury, was operating a gasoline engine to pump water into a tank for the use of locomotives engaged in both interstate and intrastate commerce. In the Szary Case, the duty of the employee was to dry sand by the application of heat for the use of locomotives operating in both kinds of commerce; and he was so employed when injured. In each case this...

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108 practice notes
  • Howard v. Mobile & Ohio Railroad Co., No. 32092.
    • United States
    • United States State Supreme Court of Missouri
    • 12 June 1934
    ...76 L. Ed. 172; Railroad Co. v. Bezue, 284 U.S. 415, 52 Sup. Ct. 205, 76 L. Ed. 370; C. & E.I. Railroad Co. v. Industrial Commission, 284 U.S. 296, 52 Sup. Ct. 151; Ill. Cent. Railroad Co. v. Behrens, 233 U.S. 473, 34 Sup. Ct. 646, 58 L. Ed. 1051; Erie Railroad Co. v. Welsh, 242 U.S. 303......
  • McNatt v. Wabash Ry. Co., No. 34916.
    • United States
    • United States State Supreme Court of Missouri
    • 30 July 1937
    ...Ry. Co. v. Bolle, 284 U.S. 74; Chicago & Eastern Ill. Railroad Co. v. Industrial Comm. of Ill., 284 U.S. 298, 52 Sup. Ct. 151, 76 L. Ed. 304; Wise v. Ry. Co., 43 Fed. (2d) 692; Pope v. Railroad Co., 54 Fed. (2d) 575; Middleton v. Southern Pac. Co., 61 Fed. (2d) 929. The plaintiff is bou......
  • Harlan v. Wabash Ry. Co., No. 32085.
    • United States
    • United States State Supreme Court of Missouri
    • 12 June 1934
    ...Railway Co. v. Bolle, 284 U.S. 74; Chicago & E. Ill. Railroad Co. v. Industrial Comm. of Illinois, 284 U.S. 298, 52 Sup. Ct. 151, 76 L. Ed. 304. (5) The plaintiff's injury was the direct and proximate result of his own carelessness and neglect, and he is not entitled to recover, even th......
  • Burnet v. Coronado Oil Gas Co, No. 341
    • United States
    • United States Supreme Court
    • 11 April 1932
    ...correction might have been secured by legislation. See Chicago & Eastern Illinois R. Co. v. Industrial Commission of Illinois, 284 U. S. 296, 52 S. Ct. 151, 76 L. Ed. 304, overruling Erie R. Co. v. Collins, 253 U. S. 77, 40 S. Ct. 450, 64 L. Ed. 790, and Erie R. Co. v. Szary, 253 U. S. ......
  • Request a trial to view additional results
107 cases
  • Howard v. Mobile & Ohio Railroad Co., No. 32092.
    • United States
    • United States State Supreme Court of Missouri
    • 12 June 1934
    ...59, 76 L. Ed. 172; Railroad Co. v. Bezue, 284 U.S. 415, 52 Sup. Ct. 205, 76 L. Ed. 370; C. & E.I. Railroad Co. v. Industrial Commission, 284 U.S. 296, 52 Sup. Ct. 151; Ill. Cent. Railroad Co. v. Behrens, 233 U.S. 473, 34 Sup. Ct. 646, 58 L. Ed. 1051; Erie Railroad Co. v. Welsh, 242 U.S. 303......
  • McNatt v. Wabash Ry. Co., No. 34916.
    • United States
    • United States State Supreme Court of Missouri
    • 30 July 1937
    ...Ry. Co. v. Bolle, 284 U.S. 74; Chicago & Eastern Ill. Railroad Co. v. Industrial Comm. of Ill., 284 U.S. 298, 52 Sup. Ct. 151, 76 L. Ed. 304; Wise v. Ry. Co., 43 Fed. (2d) 692; Pope v. Railroad Co., 54 Fed. (2d) 575; Middleton v. Southern Pac. Co., 61 Fed. (2d) 929. The plaintiff is bound b......
  • Harlan v. Wabash Ry. Co., No. 32085.
    • United States
    • United States State Supreme Court of Missouri
    • 12 June 1934
    ...& N.W. Railway Co. v. Bolle, 284 U.S. 74; Chicago & E. Ill. Railroad Co. v. Industrial Comm. of Illinois, 284 U.S. 298, 52 Sup. Ct. 151, 76 L. Ed. 304. (5) The plaintiff's injury was the direct and proximate result of his own carelessness and neglect, and he is not entitled to recover, even......
  • Burnet v. Coronado Oil Gas Co, No. 341
    • United States
    • United States Supreme Court
    • 11 April 1932
    ...although correction might have been secured by legislation. See Chicago & Eastern Illinois R. Co. v. Industrial Commission of Illinois, 284 U. S. 296, 52 S. Ct. 151, 76 L. Ed. 304, overruling Erie R. Co. v. Collins, 253 U. S. 77, 40 S. Ct. 450, 64 L. Ed. 790, and Erie R. Co. v. Szary, 253 U......
  • Request a trial to view additional results

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