Chicago & A.R. Co. v. Indus. Comm'n

• Decision Date: 17 December 1919
• Docket Number: No. 12862.,12862.
• Citation: 125 N.E. 378,290 Ill. 599
• Parties: CHICAGO & A. R. CO. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

290 Ill. 599

125 N.E. 378

CHICAGO & A. R. CO.

v.INDUSTRIAL COMMISSION et al.

No. 12862.

Supreme Court of Illinois.

Dec. 17, 1919.

Error to Circuit Court, Madison County; J. F. Gillham, Judge.

Proceeding under the Workmen's Compensation Act by Frank B. Sanders, administrator, to obtain compensation for the death of Joseph P. Lambert, opposed by the Chicago & Alton Railroad Company, the employer. There was an award of compensation, which was confirmed by the circuit court, and the employer brings error.

Judgment of circuit court modified and affirmed.

C. E. Pope and H. F. Driemeyer, both of East St. Louis (Silas H. Strawn, of Chicago, of counsel), for plaintiff in error.

Terry, Gueltig & Powell, of Edwardsville, for defendant in error.

FARMER, J.

The circuit court of Madison county confirmed an award of the Industrial Commission in favor of the administrator of Joseph P. Lambert, deceased, and certified it was a case proper to be reviewed by this court.

Lambert died from the effects of gunshot wounds received August 21, 1917. He left surviving him a widow but no children. The only question presented for our decision is whether deceased at the time of his injury was engaged in interstate commerce. If he was, any liability would be exclusively under federal Employers' Liability Act April 22, 1908, c. 149, 35 Stat. 65 (U. S. Comp. St. §§ 8657-8665); if he was not, it is not disputed that our Workmen's Compensation Act applies.

The case was heard by the arbitrator, the Industrial Commission, and the circuit court on an agreed statement of facts, the substance of which is that deceased was at the time of his injury, and had been for more than a year prior thereto, employed by the Chicago & Alton Railroad Company in its yards at Venice, Brooklyn, and East St. Louis, known as the East St. Louis terminals, in the state of Illinois. His duties were to guard the property of the company, and all property being transported by it as a common carrier, to prevent theft, and to apprehend persons stealing or suspected of stealing property. Prior to deceased's injury merchandise had been stolen from cars in trains Nos. 94 and 98 while in the yards. These were both interstate trains. T. J. Reardon was deceased's immediate superior. Deceased reported for duty at 6 o'clock p. m. August 21st, and he and Reardon went together to the yards, where train No. 98 had been made up and was standing. Their purpose was to guard it, and the merchandise with which it was loaded, while it stood in the yards and as it was passing out of the East St. Louis terminals. About 7:30 p. m. the train was ready to depart. Reardon boarded it about the middle and directed deceased to go on ahead of it and hide himself behind a pile of ties on the east side of the tracks of the Chicago & Alton Railroad and between them and the tracks of the Wabash Railroad Company. The headlight of train No. 98 was plainly visible at this point. A few days previous the train had been broken into and a case of shoes dropped out of the car about the point where Lambert was sent to secrete himself. At the same time it was also deceased's duty to apprehend any person stealing any property in the yards who might come under his observation or whom he might suspect of stealing. After deceased had taken his position and the train had started, but before it reached the place where he was hiding, he saw two men coming toward him from the Wabash right of way, carrying sacks filled with some articles to him then unknown. He left his hiding place, started toward them, and called to them to halt, whereupon they opened fire on him and shot him and escaped. It was subsequently ascertained that the sacks the men were carrying contained coal. A number of cars loaded with coal were standing on nearby tracks. A few minutes after deceased was shot train No. 98 arrived at that point, and he was placed upon the engine and taken to a hospital at Granite City, Ill., where he died November 20, 1917, from his wounds. Deceased left him surviving a widow but no children, and Frank B. Sanders was duly appointed and qualified as administrator. Plaintiff in error provided medical and hospital services for deceased to the amount of more than $400. It was notified of the injury within 30 days, and claim was made for compensation within six months. Deceased's wages for the year preceding his injury were $840.

[1][2] It is the contention of plaintiff in error that deceased was engaged in interstate commerce at the time of his injury; that the federal Employers' Liability Act therefore provided the exclusive remedy; that there was no liability under the Workmen's Compensation Act (Laws 1913, p. 335); and that the circuit court erred in not so holding.

Some of the duties of the deceased had...