Illinois Cent. R. Co. v. Indus. Bd.

• Decision Date: 20 June 1918
• Docket Number: No. 12075.,12075.
• Citation: 119 N.E. 920,284 Ill. 267
• Parties: ILLINOIS CENT. R. CO. v. INDUSTRIAL BOARD et al.
• Court: Illinois Supreme Court

284 Ill. 267

119 N.E. 920

ILLINOIS CENT. R. CO.

v.INDUSTRIAL BOARD et al.

No. 12075.

Supreme Court of Illinois.

June 20, 1918.

Error to Circuit Court, Marion County; James C. McBride, Judge.

Proceedings by Lydia Webster, as administratrix of Claude F. Webster, deceased, for workmen's compensation, opposed by the Illinois Central Railroad Company, employer. The circuit court on writ of certiorari confirmed the award of the Industrial Board in favor of the claimant and certified the case to the Supreme Court. Judgment affirmed.

Kagy & Vandervort, of Salem (W. W. Barr, of Carbondale, of counsel), for plaintiff in error.

Noleman & Smith, of Centralia, for defendants in error.

CARTWRIGHT, J.

In January, 1916, the plaintiff in error, the Illinois Central Railroad Company, had a yard which was called the ‘south yard,’ near its station at Centralia. It was a yard on which cars moved by gravity, being brought at the south end to what was known as the ‘hump’ and permitted to run north into different classification tracks and switches. In order to control the cars by brakes switchmen rode them down from the hump to the north end, a distance of about 4,000 feet, where they were turned into the several classification tracks and switches. Each switchman managed from two to five cars, and those who rode cars down were carried back to the hump by a gasoline motor for another trip. Claude F. Webster was operating the gasoline motor for carrying switchmen the night of January 8 and 9, 1916, and at about 4:15 a. m., as he was going north on track 17 to bring back to the hump three switchmen who had ridden cars down to the north end, he ran into a bad order car standing on the track and was killed. His mother, Lydia Webster, who was administratrix of his estate, claimed compensation for his death under the Workmen's Compensation Act, and the plaintiff in error defended on the grounds, first, that Webster was not in its employ when killed; and, second, that if in its employ he was engaged at the time in interstate commerce. The Industrial Board awarded compensation, and on a writ of certiorari from the circuit court of Marion county the record was brought to that court and the decision of the board confirmed. The court certified that the case was one proper to be reviewed by this court.

Claude F. Webster was employed in the freight office of the plaintiff in error in Centralia, and he had a brother, William Webster, who was employed in the south yard in the office of Frank E. Hatch, the trainmaster. William Webster asked the trainmaster if he would give his brother, Claude, a chance to run the motor, and Hatch said that he would, provided Claude could hold it. Hatch, the trainmaster, and Don Carlyle, the yardmaster, had charge of the employment of the men who ran the motorcars. The conversation with Hatch was in December, 1915, and the rule of the plaintiff in error on employment required a written application on a printed form containing various questions, and it required a physical examination. Claude signed such an application for employment as motorman. On Thursday, January 6, 1916, Carlyle, the yardmaster, asked William Webster if his brother still wanted the position as motorman, and being told that he did, said that he should come down the next day. Claude reported at the south yard the next morning, and Bert Stewart, yard clerk, who was running the motorcar as an extra man, was instructed by Carlyle to teach Claude to operate the motorcar. Stewart and Claude rode and operated the motorcar all day Friday on track 17 from the hump to the north end; Stewart giving Claude instructions as to operating it. On Saturday Carlyle...