Padgett v. Seabd. Air Line Ry, (No. 8981.)

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtFRASER
PartiesPADGETT. v. SEABOARD AIR LINE RY.
Docket Number(No. 8981.)
Decision Date18 November 1914

83 S.E. 633
99 S.C. 364

PADGETT.
v.
SEABOARD AIR LINE RY.

(No. 8981.)

Supreme Court of South Carolina.

Nov. 18, 1914.


Interstate Commerce Law—Employers' Liability Act.

In an action under the federal Employers' Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Com p. St. 1913, § 8657]) for the death of a railroad engineer, who was killed by falling into a roundhouse pit, in which the issues were whether he went into the roundhouse in the course of his employment or for purposes of his own, whether the company was negligent, and whether deceased assumed the risk, plaintiff held entitled to recover.

2. Commerce (§ 27*)—Regulation—Federal Employers' Liability Act.

In an action under the federal Employers' Liability Act for the death of an engineer by falling into a roundhouse pit, plaintiff cannot recover if the engineer went into the roundhouse for purposes of his own, or if there is a failure of evidence from which it can be inferred that he went there for the purposes of his employment; since plaintiff must show that deceased was engaged in interstate commerce at the time of his death.

[Ed. Note.—For other cases, see Commerce, Cent. Dig. § 25; Dec. Dig. § 27.*]

Hydrick and Gage, JJ., dissenting.

Appeal from Common Pleas Circuit Court of Lexington County; T. H. Spain, Judge.

Action by Clara V. Padgett, as administratrix of the estate of Lewis Padgett, deceased, against the Seaboard Air Line Railway. Judgment for the plaintiff, and defendant appeals. Affirmed.

C. M. Efird, of Lexington, and Lyles & Lyles, of Columbia, for appellant.

W. Boyd Evans, of Columbia, Thurmond, Timmerman & Callison, of Lexington, Melton & Sturkie, of Columbia, Jas. H. Fanning, of Springfield, and A. D. Martin, of Lexington, for respondent.

FRASER, J. [1] Lewis H. Padgett was an engineer on the Seaboard Air Line Railway. He had been running a freight train, but in the first part of January, 1913, he was promoted to the passenger service, and was given a run between Columbia, S. C, and Savannah, Ga., and so was engaged in interstate commerce. When the train reached Columbia, the engine was detached and carried to the yard at Cayce, a station near Columbia. The engineer ran his engine into the yard near the roundhouse, and left it upon a siding in the yard. He left his engine about 10:30 on the 11th day of January, 1913. Mr. Padgett's regular run would have required him to leave Columbia at 6:10 a. m. on the morning of the 12th. He was detained in the yard for a while so that he might take out another train, if necessary. It was not necessary, and he was notified that he would make his regular run. The company had built a small boarding house at Cayce for the convenience of its trainmen, but let out the management of the house to a private party. When Mr. Padgett was notified that he would be required to make his regular run, he went to the boarding house and found it full. He then went back on the yard, into the roundhouse, and into an engine, and went to sleep. At about 4:30 o'clock on the morning of the 12th, the engine in which Mr. Padgett was asleep was run out of the roundhouse down to the coal chute, to be supplied with coal, water, etc., for its trip. At the coal chute Mr. Padgett waked and got off the engine. He inquired where his engine was and was told it was in the roundhouse on track No. 3. The last seen of Mr. Padgett alive, he was going in the direction of the roundhouse. When it came time to call him he could not be found, and the engine went off without him. A little later he was found in an open, uncovered pit in the roundhouse dead. His engine had been standing with the step over the pit. The pit was a little over eight feet deep. There were no lights in the roundhouse.

Suit was brought in behalf of his widow and dependent children for negligence under the federal Employers' Liability Act. The defendant answered, denying negligence. It denied that the deceased was engaged in interstate commerce at the time of his death. It pleaded that the deceased was a trespasser in the roundhouse, contributory negligence, and assumption of risk. The judgment was for the plaintiff, and the defendant appealed on numerous exceptions, but argues three propositions:

I. "Padgett did not come to his death while employed in interstate commerce."

The defendant claimed that the rules required the engineer to leave his engine in the yard; that he was then to go into the machinery room and "write off" and leave

[83 S.E. 634]

a memorandum as to repairs; that he had no duty that called him into the roundhouse; that a "hostler" then took charge of the engine, and if any repairs were to be made the hostler took it into the roundhouse, where the-machinists made the repairs, and the hostler went to the roundhouse for the engine, took it out, and carried it off for coal, water, etc., and put it back on the side track; that the engineer then inspected it, and if it was found to be in proper condition he took charge of it and went out on his run; that Mr. Padgett...

To continue reading

Request your trial
14 practice notes
  • State v. Pennell, No. COA12–1269.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • August 6, 2013
    ...like the district court today) had jurisdiction to impose, and then suspend, the original sentence, held that it did. Id. at 150, 83 S.E. at 633. It also held that the superior court correctly dismissed the defendant's attempted appeal on the bases that the superior [746 S.E.2d 435]court di......
  • Rogers v. Davis
    • United States
    • United States State Supreme Court of Idaho
    • May 29, 1924
    ...1914C, 159, 34 S.Ct. 305, 58 L.Ed. 591; Graber v. Duluth S. S. & A. Ry. Co., 159 Wis. 414, 150 N.W. 489; Padget v. Seaboard Airline Ry., 99 S.C. 364, 83 S.E. 633; affirmed in 236 U.S. 668, 35 S.Ct. 481, 59 L.Ed. 777.) MCCARTHY, C. J. Dunn and Wm. E. Lee, JJ., concur. OPINION [39 Idaho 213] ......
  • Brock v. Chicago, R. I. & P. Ry. Co., No. 23852.
    • United States
    • Missouri Supreme Court
    • November 25, 1924
    ...is Seaboard Air Line v. Padgett, 236 U. S. 668, 35 S. Ct. 481, 59 L. Ed. 777, upon writ of error to the Supreme Court of South Carolina 99 S. C. 364, 83 S. E. 633. The facts appear chiefly in the opinion of the state court where a verdict for the plaintiff, an administratrix, was sustained ......
  • Driggers v. Atl. Coast Line R. Co, (No. 12414.)
    • United States
    • United States State Supreme Court of South Carolina
    • March 28, 1928
    ...Co., 128 S. C. 47, 121 S. E. 594, certiorari denied 264 U. S. 594, 44 S. Ct. 453, 68 L. Ed. 866; Padgett v. Seaboard Air Line Railway Co., 99 S. C. 364, 83 S. E. 633, affirmed by United States Supreme Court 236 U. S. 668, 35 S. Ct. 481, 59 L. Ed. 777; Squire v. Southern Railway Co., 109 S. ......
  • Request a trial to view additional results
14 cases
  • State v. Pennell, No. COA12–1269.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • August 6, 2013
    ...like the district court today) had jurisdiction to impose, and then suspend, the original sentence, held that it did. Id. at 150, 83 S.E. at 633. It also held that the superior court correctly dismissed the defendant's attempted appeal on the bases that the superior [746 S.E.2d 435]court di......
  • Rogers v. Davis
    • United States
    • United States State Supreme Court of Idaho
    • May 29, 1924
    ...1914C, 159, 34 S.Ct. 305, 58 L.Ed. 591; Graber v. Duluth S. S. & A. Ry. Co., 159 Wis. 414, 150 N.W. 489; Padget v. Seaboard Airline Ry., 99 S.C. 364, 83 S.E. 633; affirmed in 236 U.S. 668, 35 S.Ct. 481, 59 L.Ed. 777.) MCCARTHY, C. J. Dunn and Wm. E. Lee, JJ., concur. OPINION [39 Idaho 213] ......
  • Brock v. Chicago, R. I. & P. Ry. Co., No. 23852.
    • United States
    • Missouri Supreme Court
    • November 25, 1924
    ...is Seaboard Air Line v. Padgett, 236 U. S. 668, 35 S. Ct. 481, 59 L. Ed. 777, upon writ of error to the Supreme Court of South Carolina 99 S. C. 364, 83 S. E. 633. The facts appear chiefly in the opinion of the state court where a verdict for the plaintiff, an administratrix, was sustained ......
  • Driggers v. Atl. Coast Line R. Co, (No. 12414.)
    • United States
    • United States State Supreme Court of South Carolina
    • March 28, 1928
    ...Co., 128 S. C. 47, 121 S. E. 594, certiorari denied 264 U. S. 594, 44 S. Ct. 453, 68 L. Ed. 866; Padgett v. Seaboard Air Line Railway Co., 99 S. C. 364, 83 S. E. 633, affirmed by United States Supreme Court 236 U. S. 668, 35 S. Ct. 481, 59 L. Ed. 777; Squire v. Southern Railway Co., 109 S. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT