Louisville & N. R. Co. v. Potts

Decision Date28 February 1942
Citation158 S.W.2d 729
CourtTennessee Supreme Court
PartiesLOUISVILLE & N. R. CO. v. POTTS et al.

Thos. H. Peebles, of Columbia, and Seth M. Walker and Albert W. Stockell, both of Nashville, for plaintiff in error.

Hopkins & Hopkins and Robt. K. Woody, all of Columbia, for defendants in error.

DeHAVEN, Justice.

This is a suit brought under the workmen's compensation Law of Tennessee, Code § 6851, et seq. The petitioners are the widow and children of O. B. Potts, deceased, who at the time of his death, and for a considerable period of time prior thereto, was employed by plaintiff in error as fireman on a switch engine operating in and around Columbia, Maury County, Tennessee. It is averred in the petition that on November 7, 1940, while so employed, and while engaged in intrastate commerce, that deceased, in the course of his employment received serious injuries as the result of an accident, from which injuries he died on November 10, 1940.

The Railroad Company made answer and denied that O. B. Potts, while engaged in intrastate commerce, in the course of his employment, received serious and accidental injuries resulting in his death. It was averred O. B. Potts had on the date of the alleged accident been drinking heavily, and was intoxicated as the result of his willful misconduct in the use of alcohol and was attempting to work in that condition, and while standing on the ground at the side of the train, he became dizzy from drink and fell to the ground, slightly cutting his head, which injuries were not of a serious nature and did not cause his death, but he continued to suffer from his alcoholic excesses and died from delirium tremens.

On the hearing, the trial judge found the issues in favor of the petitioners, and awarded compensation as prayed. He made a written finding of fact and, among other things, found, in substance, that on November 7, 1940, O. B. Potts reported for duty to the respondent railroad, at Mount Pleasant, Tennessee, in good health, and that the work assigned him was fireman for a mining switch crew; that after reporting for work at approximately 6:30 A. M., the switching crew, including Potts, proceeded to Columbia, Tennessee, and from there to Perrico Junction, in Maury County, Tennessee, for the purpose of hauling thirteen cars of muck consigned to the Armour Fertilizer Company, located in Maury County, Tennessee. He further found, "that all of said activity of said crew at the time of the accident hereinafter set out was not interstate but was intrastate commerce."

The respondent railroad has appealed to this court and assigned errors.

It is complained that the trial judge was in error in finding that "said crew proceeded to Columbia, Tennessee, and from there to Perrico Junction," etc., it affirmatively appearing in the evidence that after the crew reached Columbia, it then engaged in handling interstate cars, and then later proceeded to Perrico Junction and brought back to Columbia the thirteen cars of muck, and then proceeded to handle cars in interstate commerce.

Section 6856 of the Code, compensation law, provides:

"This chapter shall not apply to: (a) Any common carrier doing an interstate business while engaged in interstate commerce."

The evidence shows without contradiction that, on November 7, 1940, Potts was a fireman on a switch engine, working with a switching crew, engaged in switching various cars at Columbia, Tennessee, some of which were interstate...

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9 cases
  • Moser v. Union Pacific Railroad Co.
    • United States
    • Idaho Supreme Court
    • 25 d5 Fevereiro d5 1944
    ... ... the courts to be governed and controlled by the state ... compensation acts. ( Ermin v. Penn. R. Co ., 36 ... F.Supp. 936; Louisville & N. R. Co. v. Potts (Tenn.) ... 158 S.W.2d 729; Wright v. New York Cent. R. Co ., 33 ... N.Y.S. (2d) 531; Piggue v. Baldwin (Kans.) ... 121 ... ...
  • Ernhart v. Elgin, J. & E. Ry. Co.
    • United States
    • Illinois Supreme Court
    • 22 d3 Março d3 1950
    ... ... In Louisville and Nashville Railroad Co. v. Potts, 178 Tenn. 425, 158 S.W.2d 729, Ford v. Louisville and Nashville Railroad Co., 355 Mo. 362, 196 S.W.2d 163, and ... ...
  • Brown v Birman Managed Care
    • United States
    • Tennessee Supreme Court
    • 25 d3 Abril d3 2001
  • Avance v. Thompson
    • United States
    • United States Appellate Court of Illinois
    • 30 d6 Outubro d6 1943
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