Jones v. New York Cent. R. Co.
Decision Date | 01 June 1950 |
Docket Number | No. 11039.,11039. |
Parties | JONES v. NEW YORK CENT. R. CO. et al. |
Court | U.S. Court of Appeals — Sixth Circuit |
Marvin C. Harrison, Cleveland, Ohio, Marvin C. Harrison, Harrison, Thomas, Spangenberg & Hull, Cleveland, Ohio, on the brief, for appellant.
Robert M. Weh, Cleveland, Ohio, R. M. Weh, Burgess, Fulton & Fullmer, Cleveland, Ohio, on the brief, for appellees.
Before HICKS, Chief Judge, and SIMONS and MILLER, Circuit Judges.
The gist of the complaint in this case is, that appellant, plaintiff below, an express messenger for appellee, Railway Express Agency, Inc. (herein called Express Agency), while on duty on an express car forming part of a New York Central Railroad Company train, en route from Cleveland to St. Louis, sustained injuries when struck by an Express Agency truck as he was re-mounting the car at Terre Haute, Indiana. He brought suit under the Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The case was tried to the court without the intervention of a jury and upon a stipulation of facts. Because of this stipulation the court concluded that there was no genuine issue raised as to any material facts, and obviously for this reason it did not make findings in accordance with Rule 52, Federal Rules of Civil Procedure, 28 U.S.C.A., as such findings were not required. See Lucking v. Delano, 74 App.D.C. 134, 122 F.2d 21, 22; Thomas v. Peyser, 73 App. D.C. 155, 118 F.2d 369, 374.
The parties are in agreement upon the questions here involved, i. e., —
First, is the Express Agency a common carrier by railroad so as to be liable to its employees under the Employers' Liability Act?
Second, when an employee of the Express Agency is injured while working on a railroad train, is he entitled to the benefits of the Act as an employee of that railroad?
The court answered both questions in the negative. It found in its memorandum opinion and in the judgment that appellee, the Express Agency, is not a "common carrier by railroad" and that therefore the Act is not applicable. It further found that appellant Jones was an employee of the Express Agency and not an employee of appellee Railroad Company.
We think the court was correct in both instances. The Federal Employers' Liability Act, supra, provides: "Every common carrier by railroad while engaging in commerce between any of the several States * * * shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, * * * for such injury or death resulting in whole or in part from the negligence of * * * such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment. * * *" (Italics ours.)
In Wells Fargo & Co. v. Taylor, 254 U.S. 175, 187, 41 S.Ct. 93, 98, 65 L.Ed. 205, the court said:
The Wells Fargo case was not a suit for damages but it did announce an interpretation of the Act upon the question here involved. We find nothing in the record sufficient to differentiate the Express Agency from Wells Fargo & Company or to place it in a separate category. It was a New Jersey corporation organized to carry the express transportation business of various railroad companies and other carriers. It...
To continue reading
Request your trial-
Turpin v. Chicago, B. & Q. R. Co.
...Line Railroad Co. (CA 5), 265 F.2d 75; Baker v. Texas & Pacific Railroad, 359 U.S. 227, 79 S.Ct. 664, 3 L.Ed.2d 756; Jones v. New York Central Railroad (CA 6), 182 F.2d 326; Robinson v. Baltimore & Ohio Railroad Co., 237 U.S. 84, 35 S.Ct. 491, 59 L.Ed. 849; Gloster v. Pennsylvania Railroad ......
-
Aguirre v. Southern Pac. Co.
...41 S.Ct. 93, 65 L.Ed. 205; in Missouri, K. & T. Ry. Co. of Texas v. Blalack (Tex.Civ.App.1912) 147 S.W. 559; and in Jones v. New York Cent. R. Co. (6 Cir. 1950) 182 F.2d 326; and to this very defendant, PFE, in Gaulden v. Southern Pac. Co. (1948) D.C., 78 F.Supp. 651; affirmed upon grounds ......
-
Lundregan v. Lundregan
...in the documents on file, no formal findings of fact by the court are required. Rule 52(a), F.R.C.P." See also Jones v. New York Cent. R. Co., 6 Cir., 1950, 182 F.2d 326, 327, where the court said: "The case was tried to the court without the intervention of a jury and upon a stipulation of......
-
Curran v. Mackay Radio & Telephone Co.
...covered. Desper v. Starved Rock Ferry Co., 342 U.S. 187, at page 190, 72 S.Ct. 216, 96 L. Ed. 205. See also, Jones v. New York Central R. Co., 6 Cir., 182 F.2d 326; Latsko v. National Carloading Corp., 6 Cir., 1951, 192 F.2d 905. The plaintiff in this action has no claim cognizable under th......